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.
<ins>(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
</ins>
<ins>(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
</ins>
<ins>shall be stored with the person's registration record for the duration of time the person
continues to be registered in this state.
</ins> (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:
<ins>"(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;
</ins>
<ins>(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."
</ins> 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, <ins>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,</ins> 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.