Title 21. ELECTIONS · Chapter 2. ELECTIONS AND PRIMARIES GENERALLY · Article 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS · Part 1. GENERAL PROVISIONS
21-2-417. Presentation of proper identification to poll workers; swearing of statement when unable to produce; use of provisional ballots; penalty for false swearing.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voter’s certificate at any polling place and prior to such person’s admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:#
- (1)
A Georgia driver’s license in a physical format which was properly issued by the Department of Driver Services;#
- (2)
A valid Georgia voter identification card issued under Code Section 21-2-417.1 or other valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector;#
- (3)
A valid United States passport;#
- (4)
A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;#
- (5)
A valid United States military identification card, provided that such identification card contains a photograph of the elector; or#
- (6)
A valid tribal identification card containing a photograph of the elector.#
- (b)
Except as provided in subsection (c) of this Code section, if an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall be allowed to vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector’s voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in subsection (a) of this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.#
- (c)
An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector’s voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subsection within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.#
History
Code 1981, § 21-2-417, enacted by Ga. L. 1997, p. 662, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 15; Ga. L. 2003, p. 517, § 48; Ga. L. 2005, p. 253, § 59/HB 244; Ga. L. 2006, p. 3, § 2/SB 84; Ga. L. 2025, p. 627, § 1/HB 296, effective July 1, 2025.
Amendments
The 2025 amendment, effective July 1, 2025, in paragraph (a)(1), inserted “in a physical format” near the beginning and substituted “Department of Driver Services” for “appropriate state agency” at the end.
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t21-(v18)-pdf.pdf, Volume V18, 2023 edition, 2025 supplement, pages 79 to 80; merge action: replaced; file SHA-256 8651e769068e.
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