---
title: HB 1109. Elections; certain driver's licenses and identification cards shall not be proper identification for presentation to a poll worker; provide
collection: bills
id: 2025-2026/hb1109
cite_as: HB 1109, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1109
md_url: https://georgiacommons.org/bills/2025-2026/hb1109.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1109/text
source_url: https://www.legis.ga.gov/legislation/72628
date: 2026-02-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1109.md?full=1
bill_number: HB 1109
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-29
last_action: House Second Readers
sponsors:
- Charlice Byrd
- Noelle Kahaian
- Emory Dunahoo
- Carter Barrett
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1109/2025
upstream_id: 2102294
summaries_model: claude-sonnet-5
topic_tags:
- voter ID
- election rules
- driver's licenses
- immigration status
- noncitizens
---
# HB 1109. Elections; certain driver's licenses and identification cards shall not be proper identification for presentation to a poll worker; provide
## Text
House Bill 1109
By: Representatives Byrd of the 20th, Kahaian of the 81st, Dunahoo of the 31st, and Barrett
of the 24th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to
presentation of proper identification to poll workers, swearing of statement when unable to
produce, use of provisional ballots, and penalty for false swearing, so as to provide that
certain driver's licenses and identification cards shall not be proper identification for
presentation to a poll worker; to amend Article 2 of Chapter 5 of Title 40 of the Official Code
of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to
require the term "BEARER NOT A U.S. CITIZEN - NOT VOTER ID" to be included on
certain licenses, permits, and special identification cards; to require that certain license,
permit, or special identification card numbers be appended with the prefix "NC" to reflect
that such cards are held by noncitizens; to provide for duties of the Department of Driver
Services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation
of proper identification to poll workers, swearing of statement when unable to produce, use
of provisional ballots, and penalty for false swearing, is amended by revising subsection (a)
as follows:
"(a)(1) Except as provided in subsection (c) of this Code section, each elector shall
present proper identification to a poll worker at or prior to completion of a voter's
certificate at any polling place and prior to such person's admission to the enclosed space
at such polling place.
(2) Proper identification required under paragraph (1) of this subsection shall consist:
(A) Consist of any one of the following:
(1)(i) A Georgia driver's license in a physical format which was properly issued by
the Department of Driver Services, except as provided for in subparagraph (B) of this
paragraph;
(2)(ii) A valid Georgia voter identification card issued under Code Section
21-2-417.1 or other valid identification card issued by a branch, department, agency,
or entity of the State of Georgia, any other state, or the United States authorized by
law to issue personal identification, provided that such identification card contains a
photograph of the elector, except as provided for in subparagraph (B) of this
paragraph;
(3)(iii) A valid United States passport;
(4)(iv) A valid employee identification card containing a photograph of the elector
and issued by any branch, department, agency, or entity of the United States
government, this state, or any county, municipality, board, authority, or other entity
of this state;
(5)(v) A valid United States military identification card, provided that such
identification card contains a photograph of the elector; or
(6)(vi) A valid tribal identification card containing a photograph of the elector; and
(B) Not consist of a driver's license or special identification card issued to a noncitizen,
including, but not limited to, a driver's license or identification card issued pursuant to
Code Section 40-5-21.1."
SECTION 2.
Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to
issuance, expiration, and renewal of licenses, is amended in Code Section 40-5-21.1, relating
to temporary licenses, permits, or special identification cards, foreign licenses or
identification cards as evidence of legal presence in the United States, and extensions, by
revising subsection (a) and adding new subsections to read as follows:
"(a) Notwithstanding any other provision of this title, an applicant who may be issued a
temporary license, permit, or special identification card if such applicant presents in person
valid documentary evidence of:
(1) Admission to the United States in a valid, unexpired nonimmigrant status;
(2) A pending or approved application for asylum in the United States;
(3) Admission into the United States in refugee status;
(4) An approved application for temporary protected status in the United States;
(5) Approved deferred action status;
(6) Other federal documentation verified by the United States Department of Homeland
Security to be valid documentary evidence of lawful presence in the United States under
federal immigration law; or
(7) Verification of lawful presence as provided by Code Section 40-5-21.2
may be issued a temporary license, permit, or special identification card.
(a.1) Any Such temporary license, permit, or special identification card issued pursuant
to subsection (a) of this Code section shall be valid only during the period of time of the
applicant's authorized stay in the United States or five years, whichever occurs first;
provided, however, that any temporary license, permit, or special identification card issued
on or after the effective date of subsection (d) of this Code section and which does not
conform to the requirements of subsection (d) of this Code section shall be valid until
December 31, 2026."
"(d) A temporary license, permit, or special identification card issued pursuant to this Code
section on or after August 1, 2027, shall:
(1) Include, in a prominent location, the term 'BEARER NOT A U.S. CITIZEN - NOT
VOTER ID'; and
(2) Have a license, permit, or special identification card number that has been appended
with the prefix 'NC' to reflect that such license, permit, or special identification card is
held by a noncitizen.
(e) The department shall on its public website include a page that provides explanation as
to the difference in the characteristics of licenses, permits, or special identification cards
provided for under subsections (a) and (d) of this Code section from the licenses, permits,
or special identification cards not issued under this Code section."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1109 would bar noncitizen driver's licenses and identification cards from being used as voter ID at Georgia polling places and require those cards to be marked with a noncitizen notice and an 'NC' prefix starting August 1, 2027.
### Plain-language summary
Under current Georgia law, several forms of ID, including a Georgia driver's license, can be presented to a poll worker to vote. This bill changes the list of acceptable identification in Georgia's voter ID law (O.C.G.A. § 21-2-417) by adding an exception: a driver's license or special identification card issued to a noncitizen, including those issued under O.C.G.A. § 40-5-21.1 to people with certain immigration statuses, would no longer count as proper voter ID.
The bill also changes how the Department of Driver Services issues temporary licenses, permits, and special ID cards to noncitizens. Starting August 1, 2027, those cards must prominently display the phrase 'BEARER NOT A U.S. CITIZEN - NOT VOTER ID' and carry a card number with an 'NC' prefix. Cards issued before that date but after the new rule takes effect remain valid only until December 31, 2026. The department must also post an explanation on its website of how these marked cards differ from standard ones.
### What it does
- Removes noncitizen-issued driver's licenses and special identification cards from the list of IDs that count as proper identification for voting at the polls.
- Requires temporary licenses, permits, and special identification cards issued to noncitizens on or after August 1, 2027 to display the phrase 'BEARER NOT A U.S. CITIZEN - NOT VOTER ID'.
- Requires those same cards to have their license or ID numbers appended with the prefix 'NC' to mark them as held by a noncitizen.
- Limits the validity of noncitizen temporary cards issued before the new labeling rule takes effect to no later than December 31, 2026.
- Directs the Department of Driver Services to publish a webpage explaining how noncitizen-marked cards differ from standard Georgia licenses and ID cards.
### Who it affects
Georgia voters who hold noncitizen-issued driver's licenses or special identification cards, poll workers who check ID at polling places, and the Department of Driver Services, which must redesign and relabel these cards and update its public website.
### Why it matters
Noncitizens who hold Georgia driver's licenses or special ID cards under existing immigration-status provisions would lose the ability to use those cards as voter identification, and their cards would carry a visible notice and a distinct number format, changing how these cards look and function in everyday transactions.
### Key provisions
- Section 1 revises O.C.G.A. § 21-2-417(a) to specify that proper voter ID does not include a driver's license or special identification card issued to a noncitizen under O.C.G.A. § 40-5-21.1.
- Section 2 amends O.C.G.A. § 40-5-21.1(a) to clarify which applicants may receive temporary licenses, permits, or special ID cards based on immigration status documentation.
- Section 2 adds subsection (a.1) capping the validity of noncitizen temporary cards issued before the new labeling requirement takes effect at December 31, 2026.
- Section 2 adds subsection (d) requiring cards issued on or after August 1, 2027 to include the phrase 'BEARER NOT A U.S. CITIZEN - NOT VOTER ID' and an 'NC'-prefixed card number.
- Section 2 adds subsection (e) requiring the Department of Driver Services to post a public webpage explaining the differences between these marked cards and standard cards.
- Section 3 repeals any conflicting laws.
## Status
- Status: Introduced (2026-01-29)
- Last action: House Second Readers (2026-02-03)
- Sponsors: Charlice Byrd, Noelle Kahaian, Emory Dunahoo, Carter Barrett
- Official page: https://www.legis.ga.gov/legislation/72628
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1109.md?full=1