05 LC 28
2311S
The
Senate State and Local Governmental Operations Committee offered the following
substitute to SB 84:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
revise the forms of identification that are acceptable in order to register and
to vote in this state; to provide a short title; to amend Chapter 2 of Title 21
of the Official Code of Georgia Annotated, relating to primaries and elections
generally, so as to change the forms of identification that are acceptable for
voter registration, for absentee voting, and for voting at the polls; to require
the Secretary of State to ensure that certain information is contained on the
lists of electors used at polling places; to provide for the confidentiality of
certain information; to amend Code Section 40-5-103 of the Official Code of
Georgia Annotated, relating to fee for identification cards, so as to provide
that fees for identification cards for persons who are indigent and need an
identification card in order to vote shall be waived under certain
circumstances; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Joe Burton Voter Act of
2005."
SECTION
2.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries
and elections generally, is amended by striking subsection (c) of Code Section
21-2-220, relating to application for registration, and inserting in lieu
thereof a new subsection (c) to read as follows:
"(c)
Except as otherwise provided in this subsection, electors who register to vote
for the first time in this state by mail must present current and valid
identification either when registering to vote by mail or when voting for the
first time after registering to vote by mail. The current and valid
identification shall be one or more of those forms of identification provided in
subsection (c)
of Code Section 21-2-417 or a legible copy
thereof. The registrars shall make copies of any original forms of
identification submitted by applicants and return the originals to the
applicants. The requirement to submit identification shall not apply
to:
(1)
Persons who submit identifying information with their applications that the
registrars are able to match to information contained on a state
database
data
base available to such registrars
containing the same number, name, and date of birth as contained in the
application;
(2)
Persons who are entitled to vote by absentee ballot under the federal Uniformed
and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, et seq.;
or
(3)
Persons who are entitled to vote otherwise than in person under any other
federal
law."
SECTION
3.
Said
chapter is further amended by striking subsection (g) of Code Section 21-2-224,
relating to official list of electors, and inserting in lieu thereof a new
subsection (g) to read as follows:
"(g)
The official list of electors and the official list of inactive electors
prepared and distributed to the poll officers of each precinct shall include
only the elector´s name, address, ZIP Code, date of birth, voter
identification number, a designation of whether the elector registered for the
first time in this state by mail and is required to comply with Code Sections
21-2-220 and 21-2-417, congressional district, state Senate district, state
House district, county commission district, if any, county or independent board
of education district, if any, and municipal governing authority district
designations, if any, and such other voting districts, if any. The official
list of electors and the official list of inactive electors prepared and
distributed to the poll officers of each precinct may also include codes
designating that an elector has voted by absentee ballot, has been challenged,
or has been sent mail by the registrars which has been returned marked
undeliverable. No person whose name does not appear on the official list of
electors shall vote or be allowed to vote at any election, except as otherwise
provided in this article.
The Secretary
of State shall ensure that the information required to notify poll officers that
an elector registered to vote for the first time in this state by mail and must
comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code
Section 21-2-417 is placed on each list of electors to be used at a polling
place."
SECTION
4.
Said
chapter is further amended by striking subsection (b) of Code Section 21-2-225,
relating to confidentiality of original registration applications, and inserting
in lieu thereof a new subsection (b) to read as follows:
"(b)
All data collected and maintained on electors whose names appear on the list of
electors maintained by the Secretary of State pursuant to this article shall be
available for public inspection with the exception of bank statements submitted
pursuant to subsection
(b)
(c) of Code
Section 21-2-220 and subsection (c) of
Code Section 21-2-417 and the social security numbers of the electors and the
locations at which the electors applied to register to vote which shall remain
confidential and be used only for voter registration purposes; provided,
however, that social security numbers of electors may be made available to other
state agencies if the agency is authorized to maintain information by social
security number and the information is used only to identify the elector on the
receiving agency´s data base and is not disseminated further and remains
confidential."
SECTION
5.
Said
chapter is further amended by striking paragraph (1) of subsection (a) of Code
Section 21-2-386, relating to safekeeping, certification, and validation of
absentee ballots, and inserting in lieu thereof a new paragraph (1) to read as
follows:
"(a)(1)(A)
The board of registrars or absentee ballot clerk shall keep safely and unopened
all official absentee ballots received from absentee electors prior to the
closing of the polls on the day of the primary or election except as otherwise
provided in this subsection.
(B)
Upon receipt of each ballot, a registrar or clerk shall write the day and hour
of the receipt of the ballot on its envelope. The registrar or clerk shall then
compare the identifying information on the oath with the information on file in
his or her office, shall compare the signature or mark on the oath with the
signature or mark on the absentee elector´s application for absentee ballot
or a facsimile of said signature or mark taken from said application, and shall,
if the information and signature appear to be valid, so certify by signing or
initialing his or her name below the voter´s oath. Each elector´s
name so certified shall be listed by the registrar or clerk on the numbered list
of absentee voters prepared for his or her precinct.
(C)
If the elector has failed to sign the oath, or if the signature does not appear
to be valid, or if the elector has failed to furnish required information or
information so furnished does not conform with that on file in the
registrar´s or clerk´s office, or if the elector is otherwise found
disqualified to vote, the registrar or clerk shall write across the face of the
envelope 'Rejected,' giving the reason therefor. The board of registrars or
absentee ballot clerk shall promptly notify the elector of such rejection, a
copy of which notification shall be retained in the files of the board of
registrars or absentee ballot clerk for at least one year.
(D)
An elector who registered to vote by mail, but did not comply with subsection
(c) of Code Section 21-2-220, and who votes for the first time in this state by
absentee ballot shall include with his or her application for an absentee ballot
or in the outer oath envelope of his or her absentee ballot either one of the
forms of identification listed in subsection (a) of Code Section 21-2-417 or a
copy of a current utility bill, bank statement, government check, paycheck, or
other government document that shows the name and address of such elector. If
such elector does not provide any of the forms of identification listed in this
subparagraph with his or her application for an absentee ballot or with the
absentee ballot, such absentee ballot shall be deemed to be a provisional ballot
and such ballot shall only be counted if the registrars are able to verify
current and valid identification of the elector as provided in this subparagraph
within the time period for verifying provisional ballots pursuant to Code
Section 21-2-419.
(E)
Three copies of the numbered list of voters shall also be prepared for such
rejected absentee electors, giving the name of the elector and the reason for
the rejection in each case. Three copies of the numbered list of certified
absentee voters and three copies of the numbered list of rejected absentee
voters for each precinct shall be turned over to the poll manager in charge of
counting the absentee ballots and shall be distributed as required by law for
numbered lists of voters.
(F)
All absentee ballots returned to the board or absentee ballot clerk after the
closing of the polls on the day of the primary or election shall be safely kept
unopened by the board or absentee ballot clerk and then transferred to the
appropriate clerk for storage for the period of time required for the
preservation of ballots used at the primary or election and shall then, without
being opened, be destroyed in like manner as the used ballots of the primary or
election.
(G)
The board of registrars or absentee ballot clerk shall promptly notify the
elector by first-class mail that the elector´s ballot was returned too late
to be counted and that the elector will not receive credit for voting in the
primary or election.
(H)
All such late absentee ballots shall be delivered to the appropriate clerk and
stored as provided in Code Section
21-2-390."
SECTION
6.
Said
chapter is further amended by striking Code Section 21-2-417, relating to form
of proper identification at polls, and inserting in lieu thereof a new Code
Section 21-2-417 to read as follows:
"21-2-417.
(a)
Each
Except as
provided in subsection (c) of this Code section,
each elector shall present proper
identification to a poll worker at or prior to completion of a voter´s
certificate at any polling place and prior to such person´s admission to
the enclosed space at such polling place. Proper identification shall consist
of any one of the following:
(1)
A valid Georgia driver´s license;
(2)
A valid identification card issued by a branch, department, agency, or entity of
the State of Georgia, any other state, or the United States authorized by law to
issue personal
identification,
provided that such identification card contains a photograph of the
elector;
(3)
A valid United States passport;
(4)
A valid employee identification card containing a photograph of the elector and
issued by any branch, department, agency, or entity of the United States
government, this state, or any county, municipality, board, authority, or other
entity of this state;
or
(5)
A valid employee identification card containing a photograph of the elector and
issued by any employer of the elector in the ordinary course of such
employer´s business;
(6)
A valid student identification card containing a photograph of the elector from
any public or private college, university, or postgraduate technical or
professional school located within the State of Georgia;
(7)
A valid Georgia license to carry a pistol or revolver;
(8)
A valid pilot´s license issued by the Federal Aviation Administration or
other authorized agency of the United States;
(9)(5)
A valid United States military identification
card;.
(10)
A certified copy of the elector´s birth certificate;
(11)
A valid social security card;
(12)
Certified naturalization documentation;
(13)
A certified copy of court records showing adoption, name, or sex
change;
(14)
A current utility bill, or a legible copy thereof, showing the name and address
of the elector;
(15)
A bank statement, or a legible copy thereof, showing the name and address of
the elector;
(16)
A government check or paycheck, or a legible copy thereof, showing the name and
address of the elector; or
(17)
A government document, or a legible copy thereof, showing the name and address
of the elector.
(b)
If
Except as
provided in subsection (c) of this Code section,
if an elector is unable to produce any of
the items of identification listed in subsection (a) of this Code section, he or
she shall
sign a statement under oath in a form approved by the Secretary of State,
separate and distinct from the elector´s voter certificate, swearing or
affirming that he or she is the person identified on the elector´s voter
certificate. Such person shall
not
be allowed to
vote.
without
undue delay; provided, however, that an elector who registered for the first
time in this state by mail and did not provide one of the forms of
identification set forth in subsection (a) of this Code section at the time of
registration and who is voting for the first time may vote a provisional ballot
pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is
the person identified in the elector´s voter certificate. Such provisional
ballot shall only be counted if the registrars are able to verify current and
valid identification of the elector as provided in this Code section within the
time period for verifying provisional ballots pursuant to Code Section 21-2-419.
Falsely swearing or affirming such statement under oath shall be punishable as a
felony, and the penalty shall be distinctly set forth on the face of the
statement
Any elector
without valid identification as provided in this Code section may leave the
polling place and return at any time prior to the close of the polls with valid
identification as provided in this Code section and then be allowed to
vote.
(c)
An elector who registered to vote by mail, but did not comply with subsection
(c) of Code Section 21-2-220, and who votes for the first time in this state
shall present to the poll workers either one of the forms of identification
listed in subsection (a) of this Code section or a copy of a current utility
bill, bank statement, government check, paycheck, or other government document
that shows the name and address of such elector. If such elector does not have
any of the forms of identification listed in this subsection, such elector may
vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or
affirming that the elector is the person identified in the elector´s voter
certificate. Such provisional ballot shall only be counted if the registrars
are able to verify current and valid identification of the elector as provided
in this subsection within the time period for verifying provisional ballots
pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement
under oath shall be punishable as a felony, and the penalty shall be distinctly
set forth on the face of the
statement."
SECTION
7.
Code
Section 40-5-103 of the Official Code of Georgia Annotated, relating to fee for
identification cards, is amended by adding a new subsection (d) to read as
follows:
"(d)
The department shall not be authorized to collect a fee for an identification
card from any person:
(1)
Who swears under oath that he or she is indigent and cannot pay the fee for an
identification card, that he or she desires an identification card in order to
vote in a primary or election in Georgia, and that he or she does not have any
other form of identification that is acceptable under Code Section 21-2-417 for
identification at the polls in order to vote; and
(2)
Who produces evidence that he or she is registered to vote in
Georgia.
This
subsection shall not apply to a person who has been issued a driver´s
license in this
state."
SECTION
8.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.