Constitution of the State of Georgia
Article II. VOTING AND ELECTIONS · Article II. VOTING AND ELECTIONS · Section I. METHOD OF VOTING; RIGHT TO REGISTER AND VOTE
Art. II, Sec. I, Para. I. Method of voting.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.
Elections by the people shall be by secret ballot and shall be conducted in accordance with procedures provided by law.
Cross references
Voting by paper ballot generally, § 21-2-280 et seq.
Other notes
- 1976 Constitution.
- Art. II, Sec. I, Para. I.
- Standing to sue.
- Election candidate and chairman of county board of elections lacked standing to complain about alleged violations of a voter’s constitutional rights under Ga. Const. 1983, Art. II, Sec. I, Para. I and the fifth amendment to the United States Constitution. Hammill v. Valentine, 258 Ga. 603, 373 S.E.2d 9 (1988).
- Methods of voting.
- Nothing in Ga. Const. 1983, Art. II, Sec. I, Para. I limits voting to some method or methods under which each voter indicates his or her choice or choices on a separate piece of paper issued to him or her for that purpose because it contemplates that the legislature shall provide a method, or methods, of voting at elections in such a way that not even those who count or tabulate the votes will know how any particular voter voted; those portions of direct recording electronic equipment which store and count the number of votes do not vitiate the nature of elections as ‘‘by the people’’ but simply take the place of ballot boxes and human counters. Favorito v. Handel, 285 Ga. 795, 684 S.E.2d 257 (2009). In an action by a political party challenging the 2006 Photo ID Act, amending O.C.G.A. § 21-2-417, the photo ID requirement for in-person voting was authorized by Ga. Const. 1983, Art. II, Sec. I, Para. I, as a reasonable procedure for verifying that the individual appearing to vote in person was actually the same person who registered to vote. Democratic Party of Ga., Inc. v. Perdue, 288 Ga. 720, 707 S.E.2d 67 (2011). Cited in Jones v. Darby, 174 Ga. 71, 161 S.E. 835 (1931); Lloyds Am. v. Brown, 187 Ga. 240, 200 S.E. 292 (1938); Ledger-Enquirer Co. v. Brown, 213 Ga. 538, 100 S.E.2d 166 (1957); Mathew v. Ellis, 214 Ga. 665, 107 S.E.2d 181 (1959).
- Am. Jur. 2d.
- 25 Am. Jur. 2d, Elections, §§ 1 et seq., 97 et seq., 191 et seq., 26 Am. Jur. 2d, Elections, § 239 et seq.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, pages 781 to 782; merge action: annotated; file SHA-256 1b27199d8655.