HB 1227: Elections; revise information sought from persons registering to vote who indicate that they were previously registered to vote in another state, county, or municipality

The House Committee on Governmental Affairs offers the following substitute to HB 1227:

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the information sought from persons registering to vote who indicate that they were previously registered to vote in another state, county, or municipality; to provide for the transmission of such information to the Secretary of State and procedures related thereto; to provide for the Secretary of State to provide notice of and share such information related to persons indicating that they had previously been registered to vote in another state with the chief election officer of such state; to provide for public reporting on the number of such notices provided to other states; to provide that comparable notices received from other states related to persons previously registered to vote in Georgia may be used to cancel such persons' voter registration in this state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising Code Section 21-2-218, relating to cancellation of registration in former state or county, address changes, and corrections, as follows:

"21-2-218.

(a) Any person, who is registered to vote in another state and who moves such person's residence from that state to this state, shall, at the time of making application to register to vote in this state, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in this state and to cancel such person's registration in the former place of residence.

(b) Any person, who is registered to vote in another county or municipality in this state and who moves such person's residence from that county or municipality to another county or municipality in this state, shall, at the time of making application to register to vote in that county or municipality, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in the new place of residence and to cancel such person's registration in the former place of residence.

(b.1) The information specified by the Secretary of State pursuant to subsections (a) and (b) of this Code section shall at a minimum include:

(1) A space or box for the applicant to indicate whether he or she had previously been registered to vote in a different state, county, or municipality;

(2) A space for the applicant to provide the address at which he or she was previously registered to vote, including at a minimum:

(A) Street name and number;

(B) City or town, and state;

(C) ZIP Code; and

(3) A statement and corresponding space for the applicant to sign acknowledging and agreeing to the following:

'By completing and submitting this signed application, and upon its approval, I request the cancellation of the registration listed above by the former state, or to transfer my registration within this state to another county or municipality.' (b.2)(1) If a person's voter registration application indicates, pursuant to subsections (a) and (b.1) of this Code section, that such person had previously been registered to vote in a different state, the registrar shall cause the following information of the applicant, if available, to be transmitted to the Secretary of State:

(A) Full name;

(B) Year of birth;

(C) Last four digits of his or her Social Security Number;

(D) Driver's license or identification card number;

(E) Any unique voter identification number assigned to such applicant;

(F) Address of current residence;

(G) Address of previous residence; and

(H) A copy of the applicant's voter registration form.

(2) The Secretary of State shall establish and maintain an electronic reporting system that can upload a signed copy of the voter registration application for registrars to report the information required by paragraph (1) of this subsection. Registrars shall transmit all completed voter registration applications where the elector opted to sign the statement provided for in paragraph (3) of subsection (b.1) of this Code section to the Secretary of State at least once per month.

(3) If an applicant's information is transmitted to the Secretary of State pursuant to this subsection, a record of such transmission shall be included in the corresponding voter's registration record. This record shall be treated as a voter list maintenance record and shall be stored with the person's registration record for the duration of time the person continues to be registered in this state.

(c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. The board of registrars may also accept a properly submitted application for an absentee ballot to correct an elector's name on the voter registration list if all necessary information to complete such a change is included with the application.

(d) In the event that an elector moves to a residence within the county or municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact by the fifth Monday prior to an election or primary such elector shall vote in the precinct of such elector's former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect such elector's present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and voting districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail.

(e) Any provision of this chapter to the contrary notwithstanding, an elector who moves from one county or municipality to another after the fifth Monday prior to a primary or election may vote in the county or municipality or precinct in which such elector is registered to vote.

(f) No person shall vote in any county or municipality other than the county or municipality of such person's residence except as provided in subsection (e) of this Code section.

(g) In the event that the registration records incorrectly indicate that an elector has moved from an address within a precinct, the elector may vote in the precinct upon affirming in writing on a form prescribed by the Secretary of State that the elector still resides in the precinct at the address previously provided to the board of registrars. The registrars shall correct the elector's registration record to reflect the correct address.

(h) If a voter registration application is completed at a polling place for the purpose of recording a change of address and the new address is outside the county, then the registrar shall forward the application to the registrar in the new county of residence."

SECTION 2.

Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public inspection of applications for voter registration and data on electors and membership of Secretary of State in nongovernmental entity for purpose of improving voter registration systems, by adding a new subsection to read as follows:

"(e)(1) Notwithstanding any other provision of law to the contrary, if the Secretary of State receives a person's voter registration information pursuant to subsection (b.2) of Code Section 21-2-218, the Secretary of State shall send notice of such person's application to the chief election official of the state where the person was previously registered to vote informing such chief election official that:

(A) The identified person was successfully registered to vote in Georgia;

(B) The identified person listed a residential address located in Georgia; and

(C) The identified person has requested to cancel his or her voter registration in the recipient chief election official's state.

The Secretary of State shall include with such notice a copy of the applicant's voter registration form and the information obtained pursuant to subsections (a) and (b.1) of Code Section 21-2-218, and shall also provide such other relevant information that may be requested by the recipient chief election official. If a means of securely communicating such information in a manner that protects the confidentiality of such information is available, the Secretary of State shall utilize such means in providing such information to the recipient chief election official, otherwise such information shall be provided using statutory overnight delivery, as such term is defined in Code Section

9-10-12.

(2) Subject to appropriations, the Secretary of State shall cause, on a quarterly basis, a public report to be posted on the secretary's official website detailing:

(A) The total number of notices sent to other states pursuant to this subsection in such reporting period;

(B) A list of states to which such notices were sent, and the number of notices sent such individual states; and

(C) The total number of records received by the Secretary of State from the chief election officials of other states comparable to the notices provided for in this subsection indicating that persons previously registered in this state have applied to registered to vote in another state."

SECTION 3.

Said chapter is further amended by revising Code Section 21-2-232, relating to removal of elector's name from list of electors, as follows:

"21-2-232.

(a) An elector may request to have such elector's name removed from the list of electors by making a written request to the registrars of such elector's county of residence. Upon receipt of such request, the registrars shall remove such elector's name from the list of electors and shall confirm such removal by written notice by first-class mail sent to the address on the elector's registration records.

(b)(1) When an elector of this state moves to another state and registers to vote and the registration officials in such state send a notice of cancellation reflecting the registration of the elector in the other state, which includes a copy of such elector's voter registration application bearing the elector's signature, including any notices from the chief election official of another state that is comparable to the notice provided for in subsection (e) of Code Section 21-2-225, the Secretary of State or the board of registrars, as the case may be, shall remove such elector's name from the list of electors. It shall not be necessary to send a confirmation notice to the elector in such circumstances.

(2) When an elector of this state moves to another state and the registration officials in such other state or a nongovernmental entity as described in subsection (d) of Code Section 21-2-225 send a notice of cancellation or other information indicating that the elector has moved to such state but such notice or information does not include a copy of such elector's voter registration application in such other state bearing the elector's signature, the Secretary of State or the board of registrars, as the case may be, shall send a confirmation notice to the elector as provided in Code Section 21-2-234.

(3) Once becoming a member of the nongovernmental entity described in subsection (d) of Code Section 21-2-225, the Secretary of State shall obtain regular information from such entity regarding electors who may have moved to another state, died, or otherwise become ineligible to vote in Georgia. The Secretary of State shall use such information to conduct list maintenance on the list of eligible electors."

SECTION 4.

This Act shall become effective on January 1, 2027.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.