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.