HB1109: HB1109 Elections; certain driver's licenses and identification cards shall not be proper identification for presentation to a poll worker; provide

26 LC 47 3831 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 to1 presentation of proper identification to poll workers, swearing of statement when unable to2 produce, use of provisional ballots, and penalty for false swea ring, so as to provide that3 certain driver's licenses and identification cards shall not be proper identification for4 presentation to a poll worker; to amend Article 2 of Chapter 5 of Title 40 of the Official Code5 of Georgia Annotated, relating to issuance, expiration, and ren ewal of licenses, so as to6 require the term "BEARER NOT A U.S. CITIZEN - NOT VOTER ID" to be included on7 certain licenses, permits, and special identification cards; to require that certain license,8 permit, or special identification card numbers be appended with the prefix "NC" to reflect9 that such cards are held by noncitizens; to provide for duties of the Department of Driver10 Services; to provide for related matters; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation14 of proper identification to poll workers, swearing of statement when unable to produce, use15 H. B. 1109 - 1 - 26 LC 47 3831 of provisional ballots, and penalty for false swearing, is amended by revising subsection (a)16 as follows:17 "(a)(1) Except as provided in subsection (c) of this Code section, ea ch elector shall18 present proper identification to a poll worker at or prior to c ompletion of a voter's19 certificate at any polling place and prior to such person's admission to the enclosed space20 at such polling place.21 (2) Proper identification required under paragraph (1) of this subsection shall consist:22 (A) Consist of any one of the following:23 (1)(i) A Georgia driver's license in a physical format which was properly issued by24 the Department of Driver Services, except as provided for in subparagraph (B) of this25 paragraph;26 (2)(ii) A valid Georgia voter identification card issued under Code S ection27 21-2-417.1 or other valid identification card issued by a branch, department, agency,28 or entity of the State of Georgia, any other state, or the United States authorized by29 law to issue personal identification, provided that such identification card contains a30 photograph of the elector, except as provided for in subparagra ph (B) of this31 paragraph;32 (3)(iii) A valid United States passport;33 (4)(iv) A valid employee identification card containing a photograph of the elector34 and issued by any branch, department, agency, or entity of the United States35 government, this state, or any county, municipality, board, authority, or other entity36 of this state;37 (5)(v) A valid United States military identification card, provided that such38 identification card contains a photograph of the elector; or39 (6)(vi) A valid tribal identification card containing a photograph of the elector; and40 H. B. 1109 - 2 - 26 LC 47 3831 (B) Not consist of a driver's license or special identification card issued to a noncitizen,41 including, but not limited to, a driver's license or identification card issued pursuant to42 Code Section 40-5-21.1."43 SECTION 2.44 Article 2 of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to45 issuance, expiration, and renewal of licenses, is amended in Code Section 40-5-21.1, relating46 to temporary licenses, permits, or special identification cards , foreign licenses or47 identification cards as evidence of legal presence in the Unite d States, and extensions, by48 revising subsection (a) and adding new subsections to read as follows:49 "(a) Notwithstanding any other provision of this title, an appl icant who may be issued a50 temporary license, permit, or special identification card if such applicant presents in person51 valid documentary evidence of:52 (1) Admission to the United States in a valid, unexpired nonimmigrant status;53 (2) A pending or approved application for asylum in the United States;54 (3) Admission into the United States in refugee status;55 (4) An approved application for temporary protected status in the United States;56 (5) Approved deferred action status;57 (6) Other federal documentation verified by the United States Department of Homeland58 Security to be valid documentary evidence of lawful presence in the United States under59 federal immigration law; or60 (7) Verification of lawful presence as provided by Code Section 40-5-21.261 may be issued a temporary license, permit, or special identification card.62 (a.1) Any Such temporary license, permit, or special identification card issued pursuant63 to subsection (a) of this Code section shall be valid only during the period of time of the64 applicant's authorized stay in the United States or five years, whichever occurs first;65 provided, however, that any temporary license, permit, or special identification card issued66 H. B. 1109 - 3 - 26 LC 47 3831 on or after the effective date of subsection (d) of this Code s ection and which does not67 conform to the requirements of subsection (d) of this Code sect ion shall be valid until68 December 31, 2026."69 "(d) A temporary license, permit, or special identification card issued pursuant to this Code70 section on or after August 1, 2027, shall:71 (1) Include, in a prominent location, the term 'BEARER NOT A U.S. CITIZEN - NOT72 VOTER ID'; and73 (2) Have a license, permit, or special identification card number that has been appended74 with the prefix 'NC' to reflect that such license, permit, or s pecial identification card is75 held by a noncitizen.76 (e) The department shall on its public website include a page that provides explanation as77 to the difference in the characteristics of licenses, permits, or special identification cards78 provided for under subsections (a) and (d) of this Code section from the licenses, permits,79 or special identification cards not issued under this Code section."80 SECTION 3.81 All laws and parts of laws in conflict with this Act are repealed.82 H. 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