06 LC 28
2942
Senate
Bill 590
By:
Senators Butler of the 55th, Zamarripa of the 36th, Thomas of the 2nd, Tate of
the 38th, Seay of the 34th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to the registration of voters, so as to provide for
participation in organized voter registration activity by nonauthorized private
entities; to provide for the acceptance of mail voter registration applications;
to provide for instruction and training in volunteer voter registration
activity; to provide for certain requirements relating to nonauthorized private
entities engaging in voter registration activity; to provide for transmittal of
voter registration applications; to provide for confidentiality of voter
registration applications by nonauthorized private entities; to provide for
other related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to the registration of voters, is amended by designating the current provisions
of said article as Part 1 and by inserting at the end thereof a new Part 2 to
read as follows:
"Part
2
21-2-240.
As
used in this part, the term:
(1)
'Board' means the State Election Board.
(2)
'Nonauthorized private entity' means a private nongovernmental individual or
entity that is not otherwise authorized under this title to receive voter
registration applications in person.
21-2-241.
Nothing
in this article shall be construed to prohibit nonauthorized private entities
from conducting organized voter registration programs and assisting eligible
citizens with voter registration, including the distribution, collection, and
transmittal of mail voter registration applications to an appropriate state or
local election official. However, any mail voter registration application
received from a nonauthorized private entity shall be processed as an
application by mail pursuant to the National Voter Registration Act of 1993 and
not as an application made in person at a designated voter registration agency
pursuant to the National Voter Registration Act of 1993.
21-2-242.
(a)
Any validly completed mail voter registration application postmarked or received
by an appropriate state or local election official within the time frames
provided by Code Section 21-2-224 and 42 U.S.C. Section 1973gg-6(a)(1) shall be
accepted and processed, without regard to whether such application was received
via mail or otherwise, submitted singularly or in a bundle, or submitted by a
registrar, deputy registrar, or other authorized official. No state or local
election official is authorized to reject or refuse to process a validly
completed mail voter registration application on the basis of how or by whom it
was submitted, so long as the application is, in fact, timely
received.
(b)
Nothing is this part shall be construed to prohibit or in any way restrict the
right of any state or local election official, or any other authorized person,
to investigate and address suspected instances of voter registration fraud or to
challenge, examine, or determine the qualifications of persons applying to
register.
21-2-243.
(a)
Instruction and training in volunteer voter registration activity pursuant to
this part shall be offered and provided by the board or by its authorized
designees, including county registrars. The board shall ensure that such
instruction is offered and provided on a nondiscriminatory basis throughout the
state, in such locations, at such times, and with such frequency as is necessary
to train nonauthorized private entities seeking to participate in voter
registration activities.
(b)
At a minimum, every nonauthorized private entity which so requests shall be
instructed in the following:
(1)
How to complete the national and state-wide mail voter registration applications
authorized for use in this state pursuant to 42 U.S.C. Section 1973gg-4(a), so
as to ensure, to the extent possible, that such applications are completed
accurately by voter registration applicants;
(2)
The proper security of completed registration applications and the protection of
the integrity of the registration process;
(3)
The time frames within which completed voter registration applications are
required to be transmitted to the relevant state or local election official
pursuant to 42 U.S.C. Section 1973gg-6(a)(1)(B) and Code Section
21-2-224;
(4)
The identification requirements for voting at polling places within the state;
and
(5)
The required and prohibited activities of nonauthorized private entities as
provided in this part.
(c)
The board shall design, distribute, and make widely available to nonauthorized
private entities appropriate instructional and reference materials that include
easy to understand information on the rules and procedures for the proper
conduct of private voter registration activity under the National Voter
Registration Act of 1993 and this part. Such materials shall, to the extent
practicable, be made available at no or minimal cost, in print and electronic
form, and via interactive web based and CD-ROM programs.
21-2-244.
(a)
While engaging in organized voter registration activity within this state, as
permitted under the National Voter Registration Act of 1993, a nonauthorized
private entity shall:
(1)
Wear a name badge or otherwise display identification that states the full name
of the person and the organizational entity, if any, on whose behalf the person
is conducting voter registration activity, so that such information is readily
visible to and ascertainable by any voter registration applicant, and, upon the
request of the applicant, provide the applicant with the nonauthorized private
entitýs
name, mailing address, and telephone number;
(2)
Advise each applicant that he or she has the option either to return his or her
own application personally to the appropriate election official or to permit the
nonauthorized private entity to return it on the
applicant́s
behalf, and that if the applicant elects to have the nonauthorized private
entity return the application, the applicant shall be deemed to have given his
or her consent for the nonauthorized private entity to retain and collect
information on the applicant in the manner described in Code Section
21-2-246;
(3)
Inform each applicant that he or she is not officially registered to vote until
his or her application has been approved by the appropriate county board of
registrars or other local election authority and that, if he or she has not
received his or her voter registration card within three to four weeks of
registration, he or she should follow up with the board of registrars or other
local election authority or with the chief state election official to determine
whether he or she has been registered to vote and placed on the list of
electors;
(4)
Inform all applicants that, if they are registering to vote by mail or with the
assistance of a nonauthorized private entity for the first time in the
jurisdiction, they may be required to supply additional identification
information to election officials at the time of voting;
(5)
Inform all Georgia applicants of the availability of an online poll locator
service on the Secretary of
Statés
website and encourage all applicants to access it in advance of election day to
verify their correct polling place; and
(6)
Inform all applicants of their right, under certain circumstances, to cast a
provisional ballot in the event they do not appear on the official list of
electors at their polling place.
(b)
For purposes of compliance with the notice provisions provided in paragraphs (2)
through (6) of subsection (a) of this Code section, it shall be sufficient for
the nonauthorized private entity either to post such notices in a conspicuous
location at any fixed registration site or to provide such notices in written
form to the applicant in a brochure, flyer, or other similar manner at the time
of application. The board shall design and make available to nonauthorized
private entities an appropriate model form that includes all required notices
pursuant to paragraphs (2) through (6) of subsection (a) of this Code
section.
(c)
While engaging in organized voter registration activity within this state, as
permitted under the National Voter Registration Act of 1993, a nonauthorized
private entity shall not:
(1)
Represent to any person that the nonauthorized private entity is a county or
state election official authorized by state law to receive applications in
person;
(2)
Make any statement to an applicant or take any action the purpose or reasonably
foreseeable effect of which is to discourage the applicant from applying to
register to vote;
(3)
Refuse to accept and transmit a properly completed voter registration
application from any qualified individual; or
(4)
Be inebriated or otherwise unduly impaired by drugs, alcohol, or other
substances.
21-2-245.
(a)
A nonauthorized private entity shall promptly transmit all completed voter
registration applications to the appropriate state election official within the
time frames set out in 42 U.S.C. Section 1973gg-6(a)(1)(B) and Code Section
21-2-224.
(b)
If a nonauthorized private entity receives a completed application more than 14
days before the last day for registration to vote in an election, the
nonauthorized private entity shall transmit the application to the appropriate
state election official within ten days after the date of the execution of the
form.
(c)
If a nonauthorized private entity receives a completed application within six to
14 days of the last day for registration to vote in an election, the
nonauthorized private entity shall transmit the application to the appropriate
state election official within 72 hours of the date of execution of the
form.
(d)
If a nonauthorized private entity receives a completed application within two to
five days of the last day for registration to vote in an election, the
nonauthorized private entity shall personally deliver the application to the
appropriate state election official or to a United States Post Office or a
guaranteed overnight delivery commercial courier by midnight of the date
following the date of execution of the form.
(e)
If a nonauthorized private entity receives a completed application on the day
before the last day for registration to vote in an election or on the last day
for registration to vote in an election, the nonauthorized private entity shall
personally deliver the application to the appropriate state election official or
to a United States Post Office and into the hands of an authorized postal worker
for official postmarking by 11:59 P.M. of the date of execution of the
form.
(f)
Except as otherwise provided in subsections (a) through (e) of this Code
section, transmittal of completed voter registration applications may be
accomplished by in-person delivery, mail, commercial courier, or any other form
of delivery reasonably calculated to secure the confidential delivery and
receipt of said materials by the appropriate election official within three
business days of transmittal and within the time frames required by
law.
(g)
Along with each transmittal of completed voter registration applications, a
nonauthorized private entity shall include a summary sheet, in a form to be
determined by the board, which includes: the submitting
individuaĺs
name; the name of the sponsoring private entity, if any; the submitting
individuaĺs
residence or business street address, not a post office box, and daytime and
evening telephone numbers; the total number of applications submitted; and the
date or dates on which applications were completed by the
applicants.
(h)
If the nonauthorized private entity includes a copy of the transmittal summary
sheet along with a self-addressed postage prepaid first-class mail envelope, the
receiving election official shall sign and stamp the copy of the transmittal
summary sheet with the date and time of receipt, the name and title of the
receiving election official, and the name of the receiving election authority
and shall promptly return the same to the nonauthorized private entity via
first-class mail.
21-2-246.
(a)
A nonauthorized private entity shall keep all completed original voter
registration applications in his, her, or its possession in a secure and
confidential manner at all times, until such time as such applications are
transmitted to the appropriate election official. A nonauthorized private
entity shall also not disclose any such applications to the public; however, a
nonauthorized private entity may collaborate with other affiliated nonauthorized
private entities in the securing of completed voter registration applications
that are received during a jointly organized voter registration
program.
(b)
A nonauthorized private entity may make one archival copy of the
applicant́s
original voter registration application and retain such copy for a period not to
exceed 180 days following the date of the application for purposes of assisting
the applicant with verifying the timely and proper receipt and processing of his
or her application by the applicable county board of registrars or other local
election officials. At the expiration of such 180 day period, the
nonauthorized private entity must destroy the archival copy in the manner
contemplated by Code Section 10-15-2 for the destruction by businesses of
records containing personal information.
(c)
A nonauthorized private entity may create and keep a separate record of any
information contained on the
applicant́s
voter registration application that could otherwise be made available for public
inspection pursuant to subsection (b) of Code Section 21-2-225 if collected and
maintained by the Secretary of State on the list of electors. No such
information may be used by the nonauthorized private entity or any other person
for commercial purposes. In addition, whenever such information is discarded by
the nonauthorized private entity, it must be discarded in the manner
contemplated by Code Section 10-15-2 for the destruction by businesses of
records containing personal information, unless such nonauthorized private
entity has a compelling need to retain any such archival copy for a longer
period of time for evidentiary
purposes."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.