Bill Text: GA SB377 | 2011-2012 | Regular Session | Introduced

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Bill Title: Elections; provide circulators of petitions shall be required to verify the identity of persons signing the petition

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-02-03 - Senate Read and Referred [SB377 Detail]

Download: Georgia-2011-SB377-Introduced.html

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12 LC 28 5886

Senate Bill 377

By: Senators Carter of the 1st, Williams of the 19th, McKoon of the 29th and Hill of the 32nd

A BILL TO BE ENTITLED
AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain circulators of petitions shall be required to verify the identity of persons signing the petition; to provide for acceptable identification; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (h) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, payment of qualifying fee, pauper's affidavit and qualifying petition for exemption from qualifying fee, and military service, as follows:

"(h) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements:

(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected;

(2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition, shall prove his or her identity by exhibiting one of the identification documents specified in this subsection to the circulator of the petition, and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation;

(3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth:

(A) His or her residence address, giving municipality with street and number, if any;

(B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition;

(C) That each signer gave proof of his or her identity by exhibiting to the circulator his or her valid identification documents as provided in this subsection;

(C)(D) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and

(D)(E) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit;

(4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and

(5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing.

No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. Acceptable identification documents for proof of identity under this subsection shall be one of those items of identification specified in subsection (a) of Code Section 21-2-417."

SECTION 2.

Said title is further amended by revising subsections (c) and (d) of Code Section 21-2-170, relating to nomination of candidates by petition, form of petition, signatures, limitations as to circulation and amendment of petitions, listing of such candidates on ballots, and charter or ordinance authorization, as follows:

"(c) Each person signing a nomination petition shall declare therein that he or she is a duly qualified and registered elector of the state, county, or municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition; shall prove his or her identity by exhibiting one of the identification documents specified in subsection (d) of this Code section to the circulator of the petition; and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any, and be urged to add the person's date of birth which shall be used for verification purposes. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except any political body seeking to have the names of its candidates for the offices of presidential electors placed upon the ballot through nomination petitions shall not compile a separate petition for each candidate for such office, but such political body shall compile its petitions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation.

(d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties or municipalities. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which affidavit must be subscribed and sworn to by such circulator before a notary public, and shall set forth:

(1) His or her residence address, giving municipality with street and number, if any;

(2) That each signer manually signed his or her own name with full knowledge of the contents of the nomination petition;

(3) That each signer gave proof of his or her identity by exhibiting to the circulator his or her valid identification documents as provided in this subsection;

(3)(4) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and

(4)(5) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county or municipality named in the affidavit.

No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. Acceptable identification documents for proof of identity for signers of petitions under this Code section shall be one of those items of identification specified in subsection (a) of Code Section 21-2-417."

SECTION 3.

Said title is further amended by adding a new Code section to read as follows:

"21-2-540.1.

(a) Any petition that is required by law for the purpose of causing a referendum to be held shall, in addition to any other requirements of law, comply with the requirements of this Code section.

(b) Each signer of a petition that is required by law for the purpose of causing a referendum to be held shall provide proof of his or her identity by exhibiting one of the identification documents specified in this Code section to the circulator of the petition. The circulator shall certify under oath when submitting such petition that each signer gave proof of his or her identity by exhibiting to the circulator his or her valid identification documents as provided in this Code section.

(c) Acceptable identification documents for proof of identity for signers of petitions under this Code section shall be one of those items of identification specified in subsection (a) of Code Section 21-2-417."

SECTION 4.

Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 21-4-5, relating to application for recall petition and time of filing, sponsors, withdrawal of signature, duties of election superintendent, and printing and distribution of recall petition forms by Secretary of State, as follows:

"(b)(1) The application shall include:

(A) The name and office of the person sought to be recalled;

(B) The printed names and signatures of the official sponsors, the date signed, residence addresses, and the name of the county of residence, each of whom shall be required to provide proof of his or her identity to the circulator of the application by exhibiting to the circulator one or more of the identification documents specified in subsection (a) of Code Section 21-2-417;

(C) The designation of one of the sponsors as the petition chairperson who shall represent the sponsors on all matters pertaining to the recall application and petition;

(D) A statement that: _______________________ (name and office) has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and stating the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3 with a brief statement of the fact or facts upon which the ground or grounds are based. Such statement shall be typed, printed, or reproduced by the election superintendent on the face of each application issued; and

(E)(i) An affidavit by the petition chairperson and the person circulating such recall application that each person sponsoring or signing such recall application is an elector of the electoral district of the officer sought to be recalled, that each signer gave proof of his or her identity by exhibiting to the circulator his or her valid identification documents as provided in this subsection, and that the fact or facts upon which the ground or grounds for recall are based are true.

(ii) The affidavit required by division (i) of this subparagraph shall be in the following form:

AFFIDAVIT OF CIRCULATOR
AND PETITION CHAIRPERSON

State of Georgia
County of __________

Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, we the undersigned do depose and say that each person sponsoring or signing the recall application of _______________________ is an elector of the electoral district of the officer sought to be recalled and that each signer gave proof of his or her identity by exhibiting valid identification documents as provided by law and further depose and say that the fact or facts upon which the ground or grounds for recall are based are true.

_________________________
(Signature of circulator)
_________________________
(Residence address)
(Number and street or route)
______________
(City)
_________________________
(Signature of petition
chairperson)
_________________________
(Residence address)
(Number and street or route)
______________
(City)
Subscribed and sworn to
before me this ______
day of ______________, ____.
_______________________
Notary public
__________, Georgia

My commission expires on the ______ day of ______________, ____.

No notary public may sign the application as an elector or serve as a circulator of any application which he or she notarized. Any and all sheets of an application for a recall petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the application for a recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. Acceptable identification documents for proof of identity for signers of petitions under this Code section shall be one of those items of identification specified in subsection (a) of Code Section 21-2-417."

SECTION 5.

Said title is further amended by revising subsection (b), (d), and (e) of Code Section 21-4-8, relating to electors eligible to sign recall petition, procedure for circulating, obtaining and verifying signatures, form for affidavit of circulator, and change in signature and residence address, as follows:

"(b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition, who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall provide proof of his or her identity to the circulator of the application by exhibiting to the circulator one or more of the identification documents specified in subsection (a) of Code Section 21-2-417 and shall sign his name, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving number and street or route and city, the name of the county, and the date on which the elector signed the petition. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a recall petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the recall petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected."

"(d) The person before whom the electors signed the recall petition shall verify, in an affidavit subscribed and sworn to by him or her before a notary public, that each of the names on the petition form was signed in his or her presence on the date indicated, that each signer gave proof of his or her identity by exhibiting to the circulator his or her valid identification documents as provided in this subsection, and that in his or her belief each signer was an elector of the electoral district of the officer sought to be recalled. Acceptable identification documents for proof of identity for signers of petitions under this Code section shall be one of those items of identification specified in subsection (a) of Code Section 21-2-417.

(e) The affidavit printed on the reverse side of each recall petition form shall be in the following form:

AFFIDAVIT OF CIRCULATOR

State of Georgia
County of __________

Under the penalty of a violation of Code Section 16-10-71 of the Official Code of Georgia Annotated, relating to false swearing, punishable by a fine not to exceed $1,000.00 or by imprisonment of not less than one nor more than five years, or both, I do depose and say that I am an elector registered to vote in the recall election herein petitioned for and, that each petitioner signed or caused to be signed the foregoing petition in my presence on the date indicated, and that each signer gave proof of his or her identity by exhibiting valid identification documents as provided by law; and I believe that each signer's name and residence address are correctly stated, and that each signer is an elector of the electoral district in which such recall election will be conducted, and that each signer has read, or was read, the required statements which are also set out on each petition.

(Signature of affiant) ____________________________
(Residence address) ____________________________
(Number and street or route)
_______________
(City)
Subscribed and sworn to
before me this ________
day of ______________, ____.
__________________
Notary public
__________, Georgia

My commission expires on the ______ day of ______________, ____."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.