Bill Text: GA HB1073 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections; absentee ballots to uniformed and overseas voters; provisions
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2010-07-01 - Effective Date [HB1073 Detail]
Download: Georgia-2009-HB1073-Introduced.html
Bill Title: Elections; absentee ballots to uniformed and overseas voters; provisions
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2010-07-01 - Effective Date [HB1073 Detail]
Download: Georgia-2009-HB1073-Introduced.html
10 LC 28
4936
House
Bill 1073
By:
Representatives Meadows of the
5th,
Bryant of the
160th,
Yates of the
73rd,
Hanner of the
148th,
Holt of the
112th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to primaries and elections generally, so as to provide for the provision of
absentee ballots to uniformed and overseas voters and the use of special
write-in ballots; to provide that absentee ballots may be requested by
electronic transmission; to provide that the State Election Board shall
establish by rule or regulation procedures for the transmission of blank
absentee ballots to uniformed and overseas voters; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries
and elections generally, is amended by revising subsection (b) of Code Section
21-2-219, relating to registration by members of armed forces or merchant marine
and permanent overseas citizens, as follows:
"(b)
A person who is a legal resident of this state and a citizen of the United
States; who is a member of the armed forces of the United States or the merchant
marine, is a spouse or dependent of a member of the armed forces or the merchant
marine residing with or accompanying said member, or is temporarily or
permanently residing overseas; and who will be absent from such person's county
of residence until after the time for registering for an ensuing primary or
election may make proper application for voter registration on the official post
card or
write-in absentee ballot provided for by
the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section
1973ff, et seq., as amended."
SECTION
2.
Said
chapter is further amended by revising paragraph (1) of subsection (a) of Code
Section 21-2-381, relating to making of application for absentee ballot, as
follows:
"(a)(1)(A)
Except as otherwise provided in Code Section 21-2-219, not more than 180 days
prior to the date of the primary or election, or runoff of either, in which the
elector desires to vote, any absentee elector may make, either by mail, by
facsimile transmission,
by electronic
transmission, or in person in the
registrar's or absentee ballot clerk's office, an application for an official
ballot of the elector's precinct to be voted at such primary, election, or
runoff.
Persons who
are entitled to vote by absentee ballot under the federal Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may
additionally make application for an official ballot by electronic
transmission."
(B)
In the case of an elector residing temporarily out of the county or municipality
or a physically disabled elector residing within the county or municipality, the
application for the elector's absentee ballot may, upon satisfactory proof of
relationship, be made by such elector's mother, father, grandparent, aunt,
uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or
sister-in-law of the age of 18 or over.
(C)
The application shall be in writing and shall contain sufficient information for
proper identification of the elector; the permanent or temporary address of the
elector to which the absentee ballot shall be mailed; the identity of the
primary, election, or runoff in which the elector wishes to vote; the reason for
requesting the absentee ballot, if applicable; and the name and relationship of
the person requesting the ballot if other than the elector.
(D)
Except in the case of physically disabled electors residing in the county or
municipality, no absentee ballot shall be mailed to an address other than the
permanent mailing address of the elector as recorded on the elector's voter
registration record or a temporary out-of-county or out-of-municipality
address.
(E)
Relatives applying for absentee ballots for electors must also sign an oath
stating that facts in the application are true.
(F)
If the elector is unable to fill out or sign such elector's own application
because of illiteracy or physical disability, the elector shall make such
elector's mark, and the person filling in the rest of the application shall sign
such person's name below it as a witness.
(G)
One timely
and proper application for an absentee ballot for use in a primary or election
shall be sufficient to require the mailing of the absentee ballot for such
primary or election as well as for any runoffs resulting therefrom and for all
primaries and elections for federal offices and any runoffs therefrom, including
presidential preference primaries, held during the period beginning upon the
receipt of such absentee ballot application and extending through the second
regularly scheduled general election in which federal candidates are on the
ballot occurring thereafter to an eligible absentee elector who lives outside
the county or municipality in which the election is held and is also a member of
the armed forces of the United States, a member of the merchant marine of the
United States, or a spouse or dependent of a member of the armed forces or the
merchant marine residing with or accompanying said member or overseas
citizen.
(H)
Any elector meeting criteria of advanced age or disability specified by rule or
regulation of the State Election Board
or any elector
who is entitled to vote by absentee ballot under the federal Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.,
as amended, may request in writing on one
application a ballot for a primary as well as for any runoffs resulting
therefrom and for the election for which such primary shall nominate candidates
as well as any runoffs resulting therefrom. If not so requested by such
person,
a separate and distinct application shall be required for each primary, run-off
primary, election, and run-off election. Except as otherwise provided in this
subparagraph, a separate and distinct application for an absentee ballot shall
always be required for the presidential preference primary held pursuant to
Article 5 of this chapter and for any special election or special
primary."
SECTION
3.
Said
chapter is further amended by revising Code Section 21-2-381.1, relating to
procedures for voting with special write-in absentee ballots by qualified
absentee electors, as follows:
"21-2-381.1.
(a)
Notwithstanding any other provisions of this chapter, a qualified absentee
elector, as defined in Code Section
21-2-380,
may apply not earlier than 180 days before an election for a special write-in
absentee ballot. This ballot shall be for presidential electors and United
States senator or representative in
Congress in
general, special, primary, and run-off elections, who is entitled to vote by
absentee ballot under the federal Uniformed and Overseas Citizens Absentee
Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, and who
makes timely application for but does not receive an official absentee ballot
may vote by completing, signing, and mailing a federal write-in absentee ballot
promulgated under the federal Uniformed and Overseas Citizens Absentee Voting
Act, 42 U.S.C. Section 1973ff, et seq., as
amended.
(b)(1)
The
application for a special write-in absentee ballot may be made on the federal
post card application form or on a form prescribed by the Secretary of
State
Any elector
who is entitled to vote by absentee ballot under the federal Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as
amended, when voting a federal write-in absentee ballot for a federal general,
special, or run-off election, may designate a candidate by writing in the name
of the candidate or by writing in a party preference for each office. A written
designation of the political party shall be counted as a vote for the candidate
of that party.
(2)
Except as provided in paragraph (3) of this subsection, an elector who is
entitled to vote by absentee ballot under the federal Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may
vote in any election for a public office other than for a federal office by
using the addendum provided in the federal write-in absentee ballot and writing
in the title of the office and the name of the candidate for whom the elector is
voting. In a general, special, or run-off election, the elector may
alternatively designate a candidate by writing in a party preference for each
office, the names of specific candidates for each office, or the name of the
person who the elector prefers for each office. A written designation of the
political party shall be counted as a vote for the candidate of that
party.
(3)
If the elector is voting in a primary or primary runoff, the elector shall
identify the political party for which the elector has requested a ballot in the
appropriate section of the federal write-in absentee ballot. A vote cast by
writing in the name of a candidate who is not affiliated with the identified
political party ballot is void and shall not be counted.
(c)
Except as otherwise provided in this Code section, a federal write-in absentee
ballot shall be submitted and processed in the same manner as provided for
official absentee ballots. A federal write-in absentee ballot of any elector
who is entitled to vote by absentee ballot under the federal Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et
seq., as amended, shall not be counted:
(1)
In the case of a ballot submitted by an overseas elector who is not an absent
uniformed services elector, if the ballot is submitted from any location in the
United States;
(2)
If the application of an elector who is entitled to vote by absentee ballot
under the federal Uniformed and Overseas Citizens Absentee Voting Act,
42 U.S.C. Section 1973ff, et seq., as amended, for an absentee ballot
is received by the appropriate board of registrars after two days prior to a
general, special, primary, or run-off election; or
(3)
If an official absentee ballot of an elector who is entitled to vote by absentee
ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act,
42 U.S.C. Section 1973ff, et seq., as amended, is received by the
appropriate board of registrars not later than the deadline for receipt of
absentee ballots under subparagraph (a)(1)(G) of Code Section
21-2-386.
(c)(d)
In order to
qualify for a special write-in absentee ballot, the voter must state that he or
she is unable to vote by regular absentee ballot or in person due to
requirements of military service or due to living in isolated areas or extremely
remote areas of the world. This statement may be made on the federal post card
application or on a form prepared by the Secretary of State and supplied and
returned with the special write-in absentee
ballot
The following
rules shall apply with respect to federal write-in absentee
ballots:
(1)
In completing the ballot, an elector who is entitled to vote by absentee ballot
under the federal Uniformed and Overseas Citizens Absentee Voting Act,
42 U.S.C. Section 1973ff, et seq., as amended, may designate a
candidate by writing in the name of the candidate or by writing in the name of a
political party, in which case the ballot shall be counted for the candidate of
that political party;
(2)
In the case of the offices of President and Vice President, a vote for a named
candidate or a vote by writing in the name of a political party shall be counted
as a vote for the electors supporting the candidate involved; and
(3)
Any abbreviation, misspelling, or other minor variation in the form of the name
of the candidate or a political party shall be disregarded in determining the
validity of the ballot, if the intention of the elector can be
ascertained.
(d)(e)
Upon
receipt of said application, the registrars shall issue the special write-in
absentee ballot which shall be prescribed and provided by the Secretary of
State. Such ballot shall permit the elector to vote by writing in a party
preference for each office, the names of specific candidates for each office, or
the name of the person whom the voter prefers for each
office
Any elector
who is entitled to vote by absentee ballot under the federal Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et
seq., as amended, who submits a federal write-in absentee ballot and later
receives an official absentee ballot, may submit the official absentee ballot.
An elector who is entitled to vote by absentee ballot under the federal
Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
Section 1973ff, et seq., as amended, who submits a federal write-in
absentee ballot and later receives and submits an official absentee ballot
should make every reasonable effort to inform the appropriate board of
registrars that the elector has submitted more than one
ballot.
SECTION
4.
Said
chapter is further amended by revising paragraph (2) of subsection (a) of Code
Section 21-2-384, relating to preparation and delivery of absentee ballot
supplies, as follows:
"(2)
The board of registrars or absentee ballot clerk shall, within two days after
the receipt of such ballots and supplies, mail or issue official absentee
ballots to all eligible applicants. As additional applicants are determined to
be eligible, the board or clerk shall mail or issue official absentee ballots to
such additional applicants immediately upon determining their eligibility;
provided, however, that no absentee ballot shall be mailed by the registrars or
absentee ballot clerk on the day prior to a primary or election and provided,
further, that no absentee ballot shall be issued on the day prior to a primary
or election.
The board of
registrars shall, at least 45 days prior to any general primary, or general
election other than a municipal general primary or general election, and at
least 21 days prior to any municipal general primary or general election, mail
official absentee ballots to all electors who are entitled to vote by absentee
ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act,
42 U.S.C. Section 1973ff, et seq., as
amended."
SECTION
5.
Said
chapter is further amended by revising Code Section 21-2-384, relating to
preparation and delivery of absentee ballot supplies, by adding a new subsection
to read as follows:
"(e)
The State Election Board shall by rule or regulation establish procedures for
the transmission of blank absentee ballots by mail and by electronic
transmission for all electors who are entitled to vote by absentee ballot under
the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
Section 1973ff, et seq., as amended, and by which such electors may
designate whether the elector prefers the transmission of such ballots by mail
or electronically. If no preference is stated, the ballot shall be transmitted
by mail. The State Election Board shall by rule or regulation establish
procedures to ensure to the extent practicable that the procedures for
transmitting such ballots shall protect the security and integrity of such
ballots and shall ensure that the privacy of the identity and other personal
data of such electors who are entitled to vote by absentee ballot under the
federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
Section 1973ff, et seq., as amended, to whom a blank absentee ballot is
transmitted under this Code section is protected throughout the process of such
transmission."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.