hb1045.html
06 LC 28 2734
House Bill 1045
By: Representatives Powell of the 29th, Willard of the 49th, McCall of the 30th, Bearden of the 68th, Crawford of the 127th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, so as to repeal the provisions of law concerning casting absentee ballots by mail without specifying a reason; to provide for the casting of absentee ballots on the day prior to a primary, election, or run-off primary or election; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, is amended by striking Code Section 21-2-380, relating to the definition of "absentee elector" and when reason for absentee ballot not required, and inserting in lieu thereof a new Code Section 21-2-380 to read as follows:
"21-2-380.
(a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who:
(1) Is required to be absent from his or her precinct during the time of the primary or election in which he or she desires to vote in;
(2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election in which he or she desires to vote in;
(3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election;
(4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election;
(5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or
(6) Is 75 years of age or older.
(b) An elector who requests an absentee ballot by mail or who, during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election, casts an absentee ballot in person at the registraŕs office or absentee ballot clerḱs office shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such primary, election, or run-off primary or election."

SECTION 2.
Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 21-2-384, relating to preparation and delivery of absentee ballot supplies, mailing of absentee ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, and challenges of absentee electors, and inserting in lieu thereof a new paragraph (2) to read 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."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.