Senate Bill 274
By: Senators Mangham of the 55th, Jones II of the 22nd, Jackson of the 41st, Parent of the
44th, Halpern of the 39th and others
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 provide for same-day registration and voting; to
provide for procedures and notices; to provide for related matters; 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 subsection (a) of Code Section 21-2-220, relating
to application for registration, identification requirement, rejection for failure to provide
required information or for submission of false information, and aid to disabled or illiterate,
as follows:
"(a) Any person desiring to register as an elector shall apply to do so by making
application to a registrar or deputy registrar of such person's county of residence in person,
by submission of the federal post card application form as authorized under Code
Section 21-2-219, by making application through the Department of Driver Services as
provided in Code Section 21-2-221, by making application through the Department of
Natural Resources as provided in Code Section 21-2-221.1, by making application online
as provided in Code Section 21-2-221.2, by making application through designated offices
as provided in Code Section 21-2-222, <del>or</del> by making application by mail as provided in
Code Section 21-2-223, <ins>or by applying as provided in Code Section 21-2-224.1 in person
at the polling place for the precinct in which such person's residence is located on the day
of the primary, election, or runoff or at the office of the registrar or absentee ballot clerk
during the advance voting period specified under subsection (d) of Code Section 21-2-385."
</ins> SECTION 2.
Said chapter is further amended by revising subsections (a) and (b) of Code
Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries,
official list of electors, and voting procedure when portion of county changed from one
county to another, as follows:
"(a) <del>If</del> <ins>Except as otherwise provided in Code Section 21-2-224.1, if</ins> any person whose
name is not on the list of registered electors maintained by the Secretary of State under this
article desires to vote at any general primary, general election, or presidential preference
primary, such person shall make application as provided in this article by the close of
business on the fifth Monday or, if such Monday is a legal holiday, by the close of business
on the following business day prior to the date of such general primary, general election,
or presidential preference primary.
(b) If any person whose name is not on the list of registered electors maintained by the
Secretary of State under this article desires to vote at any special primary or special
election, such person shall make application as provided in this article no later than either
the close of business on the fifth day after the date of the call for the special primary or
special election, excluding Saturdays, Sundays, and legal holidays of this state, or the close
of business on the fifth Monday prior to the date of the special primary or special election
or, if such Monday is a legal holiday, by the close of business on the following business
day, whichever is later; except that:
(1) <del>If</del> <ins>Except as otherwise provided in Code Section 21-2-224.1, if</ins> such special primary
or special election is held in conjunction with a general primary, general election, or
presidential preference primary, the registration deadline for such special primary or
special election shall be the same as the registration deadline for the general primary,
general election, or presidential preference primary in conjunction with which the special
primary or special election is being conducted; or
(2) If such special primary or special election is not held in conjunction with a general
primary, general election, or presidential preference primary but is held on one of the
dates specified in Code Section 21-2-540 for the conduct of special elections to present
a question to the voters or special primaries or elections to fill vacancies in elected county
or municipal offices, the registration deadline for such a special primary or election shall
be at the close of business on the fifth Monday prior to the date of the special primary or
election or, if such Monday is a legal holiday, by the close of business on the following
business day."
SECTION 3.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"21-2-224.1.
(a) Notwithstanding any provision of law to the contrary, any person may register and vote
in accordance with this Code section on the day of a primary, election, or runoff or during
the period of advance voting as specified in subsection (d) of Code Section 21-2-385.
(b) A person who is not registered to vote or did not register by the deadlines specified in
Code Section 21-2-224 may go to the polling place for the precinct in which such person's
residence is located on the day of a primary, election, or runoff or to any advance voting
location in his or her county of residence during the period specified under subsection (d)
</ins>
<ins>of Code Section 21-2-385 and register to vote by completing an official voter registration
application as provided in subsection (a) of Code Section 21-2-219 and providing to the
poll officer, registrar, or absentee ballot clerk, as the case may be, one of the forms of
identification as provided in subsection (a) of Code Section 21-2-417 or a legible copy
thereof, provided that such person shall demonstrate proof of residency by the presentation
of a Georgia driver's license, government issued photo identification card bearing the
person's name and current address, current public or private college or university photo
identification card with proof of residence on the campus of such institution, or current
utility bill, bank statement, government check, payroll check, or other government
document showing the person's name and current address.
(c) A person at his or her polling place or an advance voting location, upon fully
completing the voter registration application and providing the appropriate identification
and proof of residency, shall be issued a provisional ballot in the same manner as persons
whose names are not on the electors list for the polling place under Code Section 21-2-418.
The board of registrars shall, within three business days, verify the person's application for
voter registration and, if such person is found eligible and qualified to vote, shall add such
person to the list of registered voters and shall count such person's provisional ballot. If
such person is not found eligible and qualified to vote, such person's application to register
to vote shall be rejected and the person shall be notified of the rejection and the reason or
reasons for such rejection within three business days. If such person's application is
rejected, his or her provisional ballot shall not be counted.
(d) Persons in line waiting to complete voter registration applications at the time of the
closing of the polls shall be permitted to complete the voter registration application,
provide the appropriate identification, and vote a provisional ballot.
(e) The poll officer, registrar, or absentee ballot clerk verifying the person's identification
shall initial the person's voter registration application."
</ins>
SECTION 4.
Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting
by absentee ballot and advance voting, by adding a new subsection to read as follows:
<ins>"(f) Notwithstanding any provision of this chapter to the contrary, during the advance
voting period as described in subsection (d) of this Code section, a person who is qualified
to register to vote in this state but is not registered in his or her county of residence may
make application to register to vote at any advance voting location in the county of his or
her residence. The person shall demonstrate proof of residency by the presentation of a
Georgia driver's license, government issued photo identification card bearing the person's
name and current address, current public or private college or university photo
identification card with proof of residence on the campus of such institution, or current
utility bill, bank statement, government check, payroll check, or other government
document showing the person's name and current address. Upon the completion of the
application for voter registration, the person shall be permitted to cast a provisional ballot
at such location. Within three business days, the board of registrars of the person's county
of residence shall verify the person's application for voter registration and, if such person
is found eligible and qualified to vote, shall add such person to the list of registered voters
and shall count such person's provisional ballot. If such person is not found eligible and
qualified to vote, such person's application to register to vote shall be rejected and the
person shall be notified of the rejection and the reason or reasons for such rejection within
three business days. If such person's application is rejected, his or her provisional ballot
shall not be counted."
</ins> SECTION 5.
Said chapter is further amended by revising subsections (c) and (d) of Code
Section 21-2-419, relating to validation of provisional ballots and reporting to Secretary of
State, as follows:
"(c)(1) If the registrars determine after the polls close, but not later than three days
following the primary or election, that the person casting the provisional ballot timely
registered to vote and was eligible and entitled to vote in the precinct in which he or she
voted in such primary or election <ins>or properly applied to register to vote pursuant to Code
Section 21-2-224.1 on the day of the primary or election or during the advance voting
period under subsection (d) of Code Section 21-2-385 and met the qualifications to
register to vote,</ins> the registrars shall notify the election superintendent and the provisional
ballot shall be counted and included in the county's or municipality's certified election
results.
(2) If the registrars determine after the polls close, but not later than three days following
the primary or election, that the person voting the provisional ballot timely registered and
was eligible and entitled to vote in the primary or election <ins>or properly applied to register
to vote pursuant to Code Section 21-2-224.1 on the day of the primary or election or
during the advance voting period under subsection (d) of Code Section 21-2-385 and met
the qualifications to register to vote</ins> but voted in the wrong precinct <ins>or voted the wrong
ballot style or district combination,</ins> then the board of registrars shall notify the election
superintendent only if such person voted between the hours of 5:00 P.M. and the regular
time for the closing of the polls on the day of the primary, election, or runoff and
provided the sworn statement required by subsection (b) of Code Section 21-2-418. The
superintendent shall count such person's votes which were cast for candidates in those
races for which the person was entitled to vote but shall not count the votes cast for
candidates in those races in which such person was not entitled to vote. The
superintendent shall order the proper election official at the tabulating center or precinct
to prepare an accurate duplicate ballot containing only those votes cast by such person
in those races in which such person was entitled to vote for processing at the tabulating
center or precinct, which shall be verified in the presence of a witness. Such duplicate
ballot shall be clearly labeled with the word 'Duplicate,' shall bear the designation of the
polling place, and shall be given the same serial number as the original ballot. The
original ballot shall be retained and the sworn statement required by subsection (b) of
Code Section 21-2-418 shall be transmitted to the Secretary of State with the certification
documents required by paragraph (4) of subsection (a) of Code Section 21-2-497 and
such statement shall be reviewed by the State Election Board.
(3) If the registrars determine that the person casting the provisional ballot did not timely
register to vote or was not eligible or entitled to vote in the precinct in which he or she
voted in such primary or election or shall be unable to determine within three days
following such primary or election whether such person timely registered to vote and was
eligible and entitled to vote in such primary or election, the registrars shall so notify the
election superintendent and such ballot shall not be counted. The election superintendent
shall mark or otherwise document that such ballot was not counted and shall deliver and
store such ballots with all other ballots and election materials as provided in Code
Section 21-2-500.
(d)(1) At the earliest time possible after a determination is made regarding a provisional
ballot, the board of registrars shall notify in writing those persons whose provisional
ballots were not counted that their ballots were not counted because of the inability of the
registrars to verify that the persons timely registered to vote or other proper reason. The
registrars shall process the official voter registration application form completed by such
persons pursuant to Code Section <ins>21-2-224.1 or</ins> 21-2-418 and shall add such persons to
the electors list if found qualified <ins>in order that such person may vote in future primaries
and elections.
</ins> (2) At the earliest time possible after a determination is made regarding a provisional
ballot, the board of registrars shall notify in writing those electors who voted in the wrong
precinct and whose votes were partially counted of their correct precinct."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.