SB533: SB533 Elections and Primaries; certain nonresident electors to vote in municipal elections of such municipality; provide

26 LC 28 0747 Senate Bill 533 By: Senators Summers of the 13th, Hickman of the 4th, Anavitarte of the 31st, Tillery of the 19th, Robertson of the 29th and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 21 of the Official Cod e of Georgia Annotated,1 relating to general provisions regarding elections and primaries, so as to provide for certain2 nonresident electors to vote in municipal elections of such mun icipality; to provide for a3 definition; to provide for the eligibility and manner of voting in municipal elections by4 nonresident electors; to provide for procedures for registratio n and voting by such5 nonresident electors; to provide for certain rules and regulati ons; to provide for related6 matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 1 of Chapter 2 of Title 21 of the Official Code of Geor gia Annotated, relating to10 general provisions regarding elections and primaries, is amende d by adding a new Code11 section to read as follows:12 "21-2-20.13 (a) As used in this Code section, the term 'nonresident elector' means a person who:14 (1) Is a legal resident of the county in which a municipality is located;15 S. B. 533 - 1 - 26 LC 28 0747 (2) Owns a fee simple interest in real property located in who le or in part in such16 municipality, but does not reside in such municipality;17 (3) Registers to vote in accordance with this Code section with such municipality; and18 (4) Is a citizen of the United States.19 (b) Notwithstanding any provision of law to the contrary, upon the passage by the General20 Assembly of a local law applicable to a municipality authorizin g such voting, such21 municipality shall allow nonresident electors to vote in munici pal elections of such22 municipality in accordance with the provisions of this Code section.23 (c) Real property owned by an artificial entity such as a comp any, firm, partnership,24 corporation, limited liability corporation, or other business entity shall not be used to allow25 any person to vote in a municipal election.26 (d) Not more than two nonresident electors may register to vot e in municipal elections27 under this Code section per parcel of real property in such municipality. In the event more28 than two persons who meet the conditions of eligibility to vote in a municipal election29 under this Code section own real property in such municipality, the owners of such real30 property shall designate not more than two persons from among t heir number as the31 persons eligible to be nonresident electors in such municipality under the provisions of this32 Code section for such parcel of real property. Such designatio n, when made, shall be33 irrevocable so long as the person or persons designated continue to own all or a portion of34 such parcel of real property and remain eligible to vote under this Code section. When35 registering to vote as a nonresident elector, each such person shall designate the parcel of36 real property on which such person is basing such person's elig ibility to vote and such37 designation shall not be changed so long as such person owns al l or a portion of such38 property. A person registering to vote under this Code section in a municipality as a39 nonresident elector shall provide his or her legal residence address in the county in which40 the municipality is located as well as the address or description of the real property within41 S. B. 533 - 2 - 26 LC 28 0747 such municipality owned by the person and on which such person bases his or her42 eligibility to vote under this Code section as a nonresident elector.43 (e) The municipality shall designate on the electors list of t he municipality each person44 registering to vote in elections of such municipality under the provisions of this Code45 section as a 'NONRESIDENT ELECTOR.'46 (f) When a nonresident elector designates the parcel of real p roperty from which such47 elector is registering, the municipal registration officials sh all use the location of such48 property in the municipality for the assignment of the elector to a municipal election49 precinct and municipal election district, if any.50 (g) A nonresident elector shall be eligible to vote in municipal elections in the municipality51 only so long as the nonresident elector continues to meet the conditions of eligibility under52 this Code section.53 (h) Ballots of nonresident electors shall be processed and tab ulated in accordance with54 normal procedures for municipal elections as near as practicable.55 (i) The State Election Board may provide by rule and regulation for additional procedures56 with regard to nonresident electors voting in municipal elections under this Code section."57 SECTION 2.58 All laws and parts of laws in conflict with this Act are repealed.59 S. B. 533 - 3 -