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2018 Georgia Code 21-2-218 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-218 Case Law from Google Scholar Amendments to OCGA 21-2-218

TITLE 21 ELECTIONS

Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.

ARTICLE 6 REGISTRATION OF VOTERS

21-2-218. Cancellation of registration in former state or county; address changes and corrections.

  1. Any person, who is registered to vote in another state and who moves such person's residence from that state to this state, shall, at the time of making application to register to vote in this state, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in this state and to cancel such person's registration in the former place of residence.
  2. Any person, who is registered to vote in another county or municipality in this state and who moves such person's residence from that county or municipality to another county or municipality in this state, shall, at the time of making application to register to vote in that county or municipality, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in the new place of residence and to cancel such person's registration in the former place of residence.
  3. In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. The board of registrars may also accept a properly submitted application for an absentee ballot to correct an elector's name on the voter registration list if all necessary information to complete such a change is included with the application.
  4. In the event that an elector moves to a residence within the county or municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact by the fifth Monday prior to an election or primary such elector shall vote in the precinct of such elector's former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect such elector's present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and voting districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail.
  5. Any provision of this chapter to the contrary notwithstanding, an elector who moves from one county or municipality to another after the fifth Monday prior to a primary or election may vote in the county or municipality or precinct in which such elector is registered to vote.
  6. No person shall vote in any county or municipality other than the county or municipality of such person's residence except as provided in subsection (e) of this Code section.
  7. In the event that the registration records incorrectly indicate that an elector has moved from an address within a precinct, the elector may vote in the precinct upon affirming in writing on a form prescribed by the Secretary of State that the elector still resides in the precinct at the address previously provided to the board of registrars. The registrars shall correct the elector's registration record to reflect the correct address.
  8. If a voter registration application is completed at a polling place for the purpose of recording a change of address and the new address is outside the county, then the registrar shall forward the application to the registrar in the new county of residence.

(Code 1981, §21-2-218, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 7; Ga. L. 2012, p. 995, § 13/SB 92.)

The 2012 amendment, effective July 1, 2012, added the last sentence in subsection (c).

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 114 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1910, § 71, former Code 1933, §§ 34-631, 34-804, and former Code Section 21-2-240 are included in the annotations for this Code section.

Length of residence not condition for registration.

- Georgia may require its voters to be bona fide residents, but it may not require any length of residence as a condition to registering to vote. Abbott v. Carter, 356 F. Supp. 280 (N.D. Ga. 1972) (decided under former Code 1933, § 34-602 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Proof of residence outside precinct does not establish ineligibility.

- Since it is possible for an elector to be eligible to vote in an election district (now precinct) even though no longer residing there, a showing that the absentee ballot oath bears a residence address outside the election district (now precinct) does not establish that the elector was ineligible to vote in the election district (now precinct). Walls v. Garrett, 247 Ga. 640, 277 S.E.2d 903 (1981) (decided under former Code 1933, § 34-631 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Failure to apply to registrars upon moving to new county.

- One who had moved from another county to that wherein an election was held, and, by application to the tax-collector of the latter county, had one's name transferred and entered upon the voters' book of that county, but at no time made any application to the registrars thereof for such transfer, and had offered no proof before them as to qualifications to vote, was not qualified to vote in a bond election. Turk v. Royal, 34 Ga. App. 717, 131 S.E. 119 (1925) (decided under former Code 1910, § 71).

Change of residence more than 30 days prior to election.

- An elector may not vote in a legislative district (now precinct) when the elector has changed residence from that district (now precinct) more than 30 days prior to the primary or election. Taggart v. Phillips, 242 Ga. 484, 249 S.E.2d 268 (1978) (decided under former Code 1933, § 34-631 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Standing to bring action under the National Voter Registration Act.

- Voter who had recently moved suffered a concrete and actual injury by the refusal by the Georgia Secretary of State to accept the voter's voter registration containing the voter's new address, thereby preventing the voter from voting in the voter's new precinct. Charles H. Wesley Educ. Found., Inc. v. Cox, 324 F. Supp. 2d 1358 (N.D. Ga. 2004).

Cited in Haynes v. Wells, 273 Ga. 106, 538 S.E.2d 430 (2000).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, §§ 34-631 and 34-804 and Code Section 21-2-240 are included in the annotations for this Code section.

One who moves away from a county and makes a home elsewhere forfeits one's right to vote in that county. 1965-66 Op. Att'y Gen. No. 65-56 (decided under former Code 1933, §§ 34-631 and 34-804 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Duty to make changes in records.

- The board of registrars has the right and duty to make changes in its records if it learns from voters' certificates of changes of names or addresses of voters. 1970 Op. Att'y Gen. No. U70-12 (decided under former Code 1933, §§ 34-631 and 34-804 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, §§ 164 et seq., 183 et seq.

C.J.S.

- 29 C.J.S., Elections, §§ 30, 32, 33, 59 et seq., 67 et seq.

Cases Citing O.C.G.A. § 21-2-218

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Haynes v. Wells, 538 S.E.2d 430 (Ga. 2000).

Cited 23 times | Published | Supreme Court of Georgia | Nov 1, 2000 | 273 Ga. 106, 2000 Fulton County D. Rep. 4018

...respectfully dissent. 1. In addressing appellant's claim that he was eligible to run for the Fifth District seat on the Clayton County Board of Education, the majority opinion affirms the trial court's narrow and restrictive interpretation of OCGA §§ 21-2-218(c) and 21-2-221(d), and 42 USC § 1973(gg)(3)(d), also known as the "Motor Voter Act," in a manner that unduly excludes candidates from participating in the democratic process. Since this is our first opportunity to interpret OCGA §§ 21-2-218(c) and 21-2-221(d) in conjunction with 42 USC § 1973(gg)(3)(d), I would, in keeping with the intent of both the Georgia and federal acts, interpret them in a broad manner so as to provide for the inclusion of citizens in the democratic process, rather than their exclusion....
...The trial court ordered that Wells be placed on the ballot as the Democratic nominee for the general election to be held in November 2000. On September 28, the trial court entered another order, directing the entry of a final judgment in Wells's favor. [2] See 42 U.S.C. § 1973(gg)(3)(d); OCGA §§ 21-2-218(c); 21-2-221(d). [3] OCGA § 21-2-221(e). [4] Id. [5] OCGA § 21-2-218....
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Fourth Street Baptist Church of Columbus v. Bd. of Registrars, 320 S.E.2d 543 (Ga. 1984).

Cited 22 times | Published | Supreme Court of Georgia | Oct 2, 1984 | 253 Ga. 368

...Polleys, Jr., for appellees. Michael J. Bowers, Attorney General, Patrick W. McKee, Assistant Attorney General, amicus curiae. WELTNER, Justice. The Fourth Street Baptist Church and others requested designation as a voter registration site pursuant to OCGA § 21-2-218 (f)....
...The church filed complaint seeking a declaratory judgment that the acts and policies of the Board are "invalid, illegal and in violation of the rights of Plaintiffs and their class secured by the Constitutions and laws of the United States and the State of Georgia." The church *369 also sought a ruling that OCGA § 21-2-218 (f) is constitutional, and is not violative of the First Amendment....
...efuses to do so. There must be, however, a clear legal right and a clear legal duty. "[T]he law must not only authorize the act to be done but must require its performance." Williamson v. Wilson, 189 Ga. 652, 653 (7 SE2d 241) (1940). Nothing in OCGA § 21-2-218 (f) requires that a Board of Registrars designate churches as voter registration sites, and nothing requires that the Fourth Street Baptist Church be so designated....
...There has been no attempt to show discrimination in the designation of voter registration sites. Considering the number of sites (26) it is rather unlikely anyone is discriminated against. Of course, if discrimination had been shown an entirely different analysis would be required. NOTES [1] OCGA § 21-2-218 (f) provides: "All voter registration places shall be places open to the general public and frequented by the general public....
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Johnson v. Byrd, 263 Ga. 173 (Ga. 1993).

Cited 1 times | Published | Supreme Court of Georgia | Jun 7, 1993 | 429 S.E.2d 923, 93 Fulton County D. Rep. 2111