06 SB
84/HCSFA
HOUSE
SUBSTITUTE TO SENATE BILL 84
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 21 of the Official Code of Georgia Annotated, relating to elections,
and Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to authorize the State Election Board to conduct
certain voter education programs; to change provisions relating to required
presentation of identification by voters; to specify the types of identification
which may be used; to provide for Georgia voter identification cards to be
issued by each county board of registrars to persons who do not have a valid
driveŕs
license or identification card issued by the Department of Driver Services; to
provide for the contents and appearance of such cards; to provide for
applications and supporting documentation; to provide for the supply of
equipment and the adoption of rules and regulations by the State Election Board;
to change provisions relating to issuance of free identification cards by the
Department of Driver Services; to provide for other 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.
Title
21 of the Official Code of Georgia Annotated, relating to primaries and
elections generally, is amended by striking Code Section 21-2-31, relating to
the duties of the State Election Board, and inserting in lieu thereof a new Code
Section 21-2-31 to read as follows:
∀21-2-31.
It
shall be the duty of the State Election Board:
(1)
To supervise and coordinate the work of the office of the Secretary of State,
superintendents, registrars, deputy registrars, poll officers, and other
officials so as to obtain uniformity in their practices and proceedings and
legality and purity in all primaries and elections;
(2)
To formulate, adopt, and promulgate such rules and regulations, consistent with
law, as will be conducive to the fair, legal, and orderly conduct of primaries
and elections; and, upon the adoption of each rule and regulation, the board
shall promptly file certified copies thereof with the Secretary of State and
each superintendent;
(3)
To publish and furnish to primary and election officials, from time to time, a
sufficient number of indexed copies of all primary and election laws and
pertinent rules and regulations then in force;
(4)
To publish and distribute such explanatory pamphlets regarding the
interpretation and application of primary and election laws as in the opinion of
the board should be distributed to the electorate;
(5)
To investigate, or authorize the Secretary of State to investigate, when
necessary or advisable the administration of primary and election laws and
frauds and irregularities in primaries and elections and to report violations of
the primary and election laws either to the Attorney General or the appropriate
district attorney who shall be responsible for further investigation and
prosecution. Nothing in this paragraph shall be so construed as to require any
complaining party to request an investigation by the board before such party
might proceed to seek any other remedy available to that party under this
chapter or any other provision of law;
(6)
To make such recommendations to the General Assembly as it may deem advisable
relative to the conduct and administration of primaries and
elections;
(7)
To promulgate rules and regulations to define uniform and nondiscriminatory
standards concerning what constitutes a vote and what will be counted as a vote
for each category of voting system used in this state;
(8)
To employ such assistants as may be necessary;
and
(9)
Subject to
funds being specifically appropriated by the General Assembly, to formulate and
conduct a voter education program concerning voting procedures for voting by
absentee ballot and at the polls with particular emphasis on the proper types of
identification required for voting; and
(10)
To take such other action, consistent with law, as the board may determine to be
conducive to the fair, legal, and orderly conduct of primaries and
elections.∀
SECTION
2.
Said
title is further amended by striking Code Section 21-2-417, relating to
presentation of identification by voters, and inserting in its place new Code
Sections 21-2-417 and 21-2-417.1 to read as follows:
∀21-2-417.
(a)
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
voteŕs
certificate at any polling place and prior to such
persońs
admission to the enclosed space at such polling place. Proper identification
shall consist of any one of the following:
(1)
A Georgia
driveŕs
license which was properly issued by the appropriate state agency;
(2)
A valid
Georgia voter identification card issued under Code Section 21-2-417.1 or
other 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;
(5)
A valid United States military identification card, provided that such
identification card contains a photograph of the elector; or
(6)
A valid tribal identification card containing a photograph of the
elector.
(b)
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 be allowed to 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 subsection (a) of 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.
(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
electoŕs
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.
21-2-417.1.
(a)
Each county board of registrars shall provide at least one place in the county
at which it shall accept applications for and issue Georgia voter identification
cards which shall under state law be valid only for purposes of voter
identification under Code Section 21-2-417. No fee shall be charged or
collected for the application for or issuance of a Georgia voter identification
card.
(b)
No person shall be eligible for a Georgia voter identification card if such
person has a valid unexpired
driveŕs
license or identification card issued under Code Section 40-5-100.
(c)
The Georgia voter identification card shall be captioned 'GEORGIA VOTER
IDENTIFICATION CARD' and shall contain a prominent statement that under Georgia
law it is valid only as identification for voting purposes. The Georgia voter
identification card shall be laminated, shall contain a digital color photograph
of the applicant, and shall include the following information:
(1)
Full legal name;
(2)
Address of residence;
(3)
Birth date;
(4)
Date identification card was issued;
(5)
Sex;
(6)
Height;
(7)
Weight;
(8)
Eye color;
(9)
County where the identification card was issued including a county number to be
assigned for each county by the Secretary of State; and
(10)
Such other information or identification as required by rule of the State
Election Board.
(d)
The application for a Georgia voter identification card shall elicit the
information required under subsection (c) of this Code section and such other
information as may be required by rule of the State Election Board. The
application shall be signed and sworn to by the applicant and any falsification
or fraud in the making of the application shall constitute a felony offense
under Code Section 16-10-71, relating to the offense of false
swearing.
(e)
The board of registrars shall require presentation and verification of the
following information before issuing a Georgia voter identification card to a
person:
(1)
A photo identity document, except that a nonphoto identity document is
acceptable if it includes both the
persońs
full legal name and date of birth;
(2)
Documentation showing the
persońs
date of birth;
(3)
Proof of the
persońs
social security account number; and
(4)
Documentation showing the
persońs
name and address of principal residence.
(f)
A Georgia voter identification card shall remain valid so long as a person
resides at the same address and remains qualified to vote. It shall be the duty
of a person who moves his or her residence within the State of Georgia to
surrender his or her card to the board of registrars of the county of his or her
new residence; and such person may after such surrender apply for and receive a
new card if such person is otherwise eligible under this Code section. It shall
be the duty of a person who moves his or her residence outside the State of
Georgia or who ceases to be qualified to vote to surrender his or her card to
the board of registrars by which it was issued.
(g)
The State Election Board shall provide each county board of registrars with the
necessary equipment, forms, supplies, and training for the production of the
Georgia voter identification cards and shall maintain such
equipment.
(h)
The State Election Board shall adopt rules and regulations for the
administration of this Code section and, without limiting the generality of the
foregoing, such rules and regulations may further define or prescribe the types
of documentation required under subsection (e) of this Code
section.∀
SECTION
3.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended in Code Section 40-5-103, relating to fees for personal
identification cards for persons without
driveŕs
licenses, by striking subsection (d) and inserting in its place a new subsection
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
driveŕs
license in this
state.∀
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.