HB1227: HB1227 Elections; revise information sought from persons registering to vote who indicate that they were previously registered to vote in another state, county, or municipality

26 LC 47 4109S 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 to1 elections and primaries generally, so as to revise the informat ion sought from persons2 registering to vote who indicate that they were previously registered to vote in another state,3 county, or municipality; to provide for the transmission of such information to the Secretary4 of State and procedures related thereto; to provide for the Secretary of State to provide notice5 of and share such information related to persons indicating tha t they had previously been6 registered to vote in another state with the chief election officer of such state; to provide for7 public reporting on the number of such notices provided to othe r states; to provide that8 comparable notices received from other states related to persons previously registered to vote9 in Georgia may be used to cancel such persons' voter registration in this state; to provide for10 related matters; to provide an effective date; to repeal confli cting laws; and for other11 purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 1227 (SUB) - 1 - 26 LC 47 4109S SECTION 1.14 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and15 primaries generally, is amended by revising Code Section 21-2-218, relating to cancellation16 of registration in former state or county, address changes, and corrections, as follows:17 "21-2-218.18 (a) Any person, who is registered to vote in another state and who moves such person's19 residence from that state to this state, shall, at the time of making application to register to20 vote in this state, provide such information as specified by the Secretary of State in order21 to notify such person's former voting jurisdiction of the person's application to register to22 vote in this state and to cancel such person's registration in the former place of residence.23 (b) Any person, who is registered to vote in another county or municipality in this state24 and who moves such person's residence from that county or municipality to another county25 or municipality in this state, shall, at the time of making application to register to vote in26 that county or municipality, provide such information as specified by the Secretary of State27 in order to notify such person's former voting jurisdiction of the person's application to28 register to vote in the new place of residence and to cancel such person's registration in the29 former place of residence.30 (b.1) The information specified by the Secretary of State purs uant to subsections (a)31 and (b) of this Code section shall at a minimum include:32 (1) A space or box for the applicant to indicate whether he or she had previously been33 registered to vote in a different state, county, or municipality;34 (2) A space for the applicant to provide the address at which he or she was previously35 registered to vote, including at a minimum:36 (A) Street name and number;37 (B) City or town, and state;38 (C) ZIP Code; and39 H. B. 1227 (SUB) - 2 - 26 LC 47 4109S (3) A statement and corresponding space for the applicant to s ign acknowledging and40 agreeing to the following:41 'By completing and submitting this signed application, and upon its approval, I request42 the cancellation of the registration listed above by the former state, or to transfer my43 registration within this state to another county or municipality.'44 (b.2)(1) If a person's voter registration application indicates, pursuant to subsections (a)45 and (b.1) of this Code section, that such person had previously been registered to vote in46 a different state, the registrar shall cause the following info rmation of the applicant, if47 available, to be transmitted to the Secretary of State:48 (A) Full name;49 (B) Year of birth;50 (C) Last four digits of his or her Social Security Number;51 (D) Driver's license or identification card number;52 (E) Any unique voter identification number assigned to such applicant;53 (F) Address of current residence;54 (G) Address of previous residence; and55 (H) A copy of the applicant's voter registration form.56 (2) The Secretary of State shall establish and maintain an electronic reporting system that57 can upload a signed copy of the voter registration application for registrars to report the58 information required by paragraph (1) of this subsection. Regi strars shall transmit all59 completed voter registration applications where the elector opt ed to sign the statement60 provided for in paragraph (3) of subsection (b.1) of this Code section to the Secretary of 61 State at least once per month.62 (3) If an applicant's information is transmitted to the Secretary of State pursuant to this63 subsection, a record of such transmission shall be included in the corresponding voter's64 registration record. This record shall be treated as a voter l ist maintenance record and65 H. B. 1227 (SUB) - 3 - 26 LC 47 4109S shall be stored with the person's registration record for the d uration of time the person66 continues to be registered in this state.67 (c) In the event that an elector moves to a residence within the county or municipality and68 has a different address from the address contained on the person's registration card, it shall69 be the duty of such elector to notify the board of registrars of such fact by the fifth Monday70 prior to the primary or election in which such elector wishes t o vote by submitting the71 change of address in writing. The board of registrars shall then correct the elector's record72 to reflect the change of address and place the elector in the p roper precinct and voting73 districts. The board of registrars may accept a properly submi tted application for an74 absentee ballot for this purpose for electors who move to an address within the county or75 municipality which is different from the address contained on the person's registration card. 76 The board of registrars may also accept a properly submitted application for an absentee77 ballot to correct an elector's name on the voter registration list if all necessary information78 to complete such a change is included with the application.79 (d) In the event that an elector moves to a residence within the county or municipality but80 into a different precinct or who moves to a residence in the same precinct but at a different81 address and fails to notify the board of registrars of such fact by the fifth Monday prior to82 an election or primary such elector shall vote in the precinct of such elector's former83 residence for such election or primary and for any runoffs resu lting therefrom. The84 superintendent of an election shall make available at each polling place forms furnished by85 the Secretary of State which shall be completed by each such el ector to reflect such86 elector's present legal residence. Such forms may also be used to notify the board of87 registrars of a change in an elector's name. The board of regi strars shall thereafter place88 the elector in the proper precinct and voting districts and cor rect the list of electors89 accordingly. If the elector is placed in a precinct other than the one in which such elector90 has previously been voting, such elector shall be notified of t he new polling place by91 first-class mail.92 H. B. 1227 (SUB) - 4 - 26 LC 47 4109S (e) Any provision of this chapter to the contrary notwithstanding, an elector who moves93 from one county or municipality to another after the fifth Mond ay prior to a primary or94 election may vote in the county or municipality or precinct in which such elector is95 registered to vote.96 (f) No person shall vote in any county or municipality other t han the county or97 municipality of such person's residence except as provided in subsection (e) of this Code98 section.99 (g) In the event that the registration records incorrectly indicate that an elector has moved100 from an address within a precinct, the elector may vote in the precinct upon affirming in101 writing on a form prescribed by the Secretary of State that the elector still resides in the102 precinct at the address previously provided to the board of registrars. The registrars shall103 correct the elector's registration record to reflect the correct address.104 (h) If a voter registration application is completed at a poll ing place for the purpose of105 recording a change of address and the new address is outside the county, then the registrar106 shall forward the application to the registrar in the new county of residence."107 SECTION 2.108 Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public109 inspection of applications for voter registration and data on e lectors and membership of110 Secretary of State in nongovernmental entity for purpose of imp roving voter registration111 systems, by adding a new subsection to read as follows:112 "(e)(1) Notwithstanding any other provision of law to the contr ary, if the Secretary of113 State receives a person's voter registration information pursua nt to subsection (b.2) of114 Code Section 21-2-218, the Secretary of State shall send notice o f s u c h p e r s o n ' s115 application to the chief election official of the state where t he person was previously116 registered to vote informing such chief election official that:117 (A) The identified person was successfully registered to vote in Georgia;118 H. B. 1227 (SUB) - 5 - 26 LC 47 4109S (B) The identified person listed a residential address located in Georgia; and119 (C) The identified person has requested to cancel his or her v oter registration in the120 recipient chief election official's state.121 The Secretary of State shall include with such notice a copy of the applicant's voter122 registration form and the information obtained pursuant to subs ections (a) and (b.1) of123 Code Section 21-2-218, and shall also provide such other relevant information that may124 be requested by the recipient chief election official. If a me ans of securely125 communicating such information in a manner that protects the co nfidentiality of such126 information is available, the Secretary of State shall utilize such means in providing such127 information to the recipient chief election official, otherwise such information shall be128 provided using statutory overnight delivery, as such term is de fined in Code Section129 9-10-12.130 (2) Subject to appropriations, the Secretary of State shall cause, on a quarterly basis, a131 public report to be posted on the secretary's official website detailing:132 (A) The total number of notices sent to other states pursuant to this subsection in such133 reporting period;134 (B) A list of states to which such notices were sent, and the number of notices sent135 such individual states; and136 (C) The total number of records received by the Secretary of S tate from the chief137 election officials of other states comparable to the notices pr ovided for in this138 subsection indicating that persons previously registered in thi s state have applied to139 registered to vote in another state."140 SECTION 3.141 Said chapter is further amended by revising Code Section 21-2-232, relating to removal of142 elector's name from list of electors, as follows:143 H. B. 1227 (SUB) - 6 - 26 LC 47 4109S "21-2-232.144 (a) An elector may request to have such elector's name removed from the list of electors145 by making a written request to the registrars of such elector's county of residence. Upon146 receipt of such request, the registrars shall remove such elect or's name from the list of147 electors and shall confirm such removal by written notice by fi rst-class mail sent to the148 address on the elector's registration records.149 (b)(1) When an elector of this state moves to another state and registers to vote and the150 registration officials in such state send a notice of cancellation reflecting the registration151 of the elector in the other state, which includes a copy of such elector's voter registration152 application bearing the elector's signature, including any notices from the chief election153 official of another state that is comparable to the notice provided for in subsection (e) of154 Code Section 21-2-225, the Secretary of State or the board of registrars, as the case may155 be, shall remove such elector's name from the list of electors. It shall not be necessary156 to send a confirmation notice to the elector in such circumstances.157 (2) When an elector of this state moves to another state and the registration officials in158 such other state or a nongovernmental entity as described in su bsection (d) of Code159 Section 21-2-225 send a notice of cancellation or other informa tion indicating that the160 elector has moved to such state but such notice or information does not include a copy161 of such elector's voter registration application in such other state bearing the elector's162 signature, the Secretary of State or the board of registrars, as the case may be, shall send163 a confirmation notice to the elector as provided in Code Section 21-2-234.164 (3) Once becoming a member of the nongovernmental entity described in subsection (d)165 of Code Section 21-2-225, the Secretary of State shall obtain r egular information from166 such entity regarding electors who may have moved to another state, died, or otherwise167 become ineligible to vote in Georgia. The Secretary of State shall use such information168 to conduct list maintenance on the list of eligible electors."169 H. B. 1227 (SUB) - 7 - 26 LC 47 4109S SECTION 4.170 This Act shall become effective on January 1, 2027.171 SECTION 5.172 All laws and parts of laws in conflict with this Act are repealed.173 H. B. 1227 (SUB) - 8 -