SB370: SB370 Elections and Primaries; closed primaries; provide

25 LC 47 3705 Senate Bill 370 By: Senators Dolezal of the 27th, Anavitarte of the 31st, Beach of the 21st and Moore of the 53rd 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 provide for closed primaries; to provide for2 checking the partisan affiliation of electors prior to the deli very of absentee ballots for a3 partisan primary; to provide for the list of partisan affiliati on on elector lists for partisan4 primaries; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and8 primaries generally, is amended by revising Code Section 21-2-151, relating to conduct of9 political party primaries, as follows:10 "21-2-151.11 (a) A political party shall nominate its candidates for public office in a primary. Except12 for substitute nominations as provided in Code Section 21-2-134 and nomination of13 presidential electors, all nominees of a political party for public office shall be nominated14 in the primary preceding the general election in which the candidates' names will be listed15 on the ballot.16 S. B. 370 - 1 - 25 LC 47 3705 (b) The primary held for such purposes shall be conducted by t he superintendent in the17 same manner as prescribed by law and by rules and regulations of the State Election Board18 and the superintendent for general elections. Primaries of all political parties shall be19 conducted jointly.20 (c) Only those electors who have registered pursuant to subsection (d) of this Code section21 with the Secretary of State as affiliating with a political party may vote in the primaries of22 such political party.23 (d) The Secretary of State shall develop a web portal to allow electors to designate an24 affiliation with a political party. Such web portal shall then electronically transmit such25 designation to the appropriate political party and county elect ion superintendent and26 registrars.27 (e) To vote in a primary, an elector must designate a party af filiation pursuant to28 subsection (c) of this Code section no later than 30 days befor e the period of advance29 voting provided for in Code Section 21-2-385 for such primary.30 (f) The State Election Board may adopt rules and regulations for the proper and efficient31 administration of this Code section."32 SECTION 2.33 Said chapter is further amended in Code Section 21-2-381, relating to making of application34 for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to35 colleges and universities, and persons entitled to make application, by revising paragraph (1)36 of subsection (b) as follows:37 "(b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee38 ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk39 shall verify the identity of the applicant and determine, in accordance with the provisions40 of this chapter, if the applicant is eligible to vote in the primary or election involved. In41 order to verify the identity of the applicant, the registrar or absentee ballot clerk shall42 S. B. 370 - 2 - 25 LC 47 3705 compare the applicant's name, date of birth, and number of his or her Georgia driver's43 license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, and for44 an application for an absentee ballot for a primary election th e partisan registration45 pursuant to Code Section 21-2-151, on the application with the information on file in the46 registrar's office. If the application does not contain the nu mber of the applicant's47 Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 548 of Title 40, the registrar or absentee ballot clerk shall verif y that the identification49 provided with the application identifies the applicant. In ord er to be found eligible to50 vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office,51 such person shall show one of the forms of identification listed in Code Section 21-2-41752 and the registrar or absentee ballot clerk shall compare the identifying information on the53 application with the information on file in the registrar's office."54 SECTION 3.55 Said chapter is further amended in Code Section 21-2-401, relating to delivery of forms and56 supplies to precincts, distribution of copy of certified electo rs list, contents of list,57 authentication, return receipts, master list of county or munic ipal electors, and items to be58 provided at polling place, by revising subsection (b) as follows:59 "(b) The registrars shall, prior to the hour appointed for open ing the polls, place in the60 possession of the managers in each precinct one copy of the certified electors list for such61 precinct, such list to contain all the information required by law. The list shall indicate the62 name of any elector who has been mailed or delivered an absentee ballot. For a partisan63 primary, such list shall also indicate the affiliation to a political party, as provided for by64 Code Section 21-2-151, if any, for each elector on such list. The list for a given precinct65 may be divided into as many alphabetical sections as is deemed necessary. Such list of66 electors shall be authenticated by the signatures of at least t wo of the registrars. In a67 municipal primary, where the parties do not agree to have only one set of managers for a68 S. B. 370 - 3 - 25 LC 47 3705 precinct, the electors list shall be delivered to the chief manager of the political party which69 polled the highest number of votes in the precinct in the immed iately preceding election70 of the presiding officer of the governing authority. In addition, the registrars shall at the71 same time place in the possession of the managers in each precinct one copy of the list of72 inactive electors for such precinct. The managers of the respe ctive precincts shall, on73 delivery to them of such electors lists, return receipts therefor to the registrars, who shall74 keep a record of the time when and the manner in which the elec tors lists are delivered. 75 The registrars may, in their discretion, require the managers of the respective precincts to76 call at their office to obtain such lists."77 SECTION 4.78 All laws and parts of laws in conflict with this Act are repealed.79 S. B. 370 - 4 -