Editor's notes.

- In light of the similarity of the provisions, decisions under former Code Section 21-2-218 are included in the annotations for this Code section.

Former Code 1933, § 34-610 created three categories of registration places: the main office of the board of registrars; other fixed places which may be designated as registration places; and additional nonfixed registration places which shall be designated in even-numbered years by the chief registrar of counties with a population of over 100,000 according to a United States decennial census of 1960 or later. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided prior to first 1986 amendment of Code Section21-2-218, which deleted the provision relating to counties with a population of 100,000 or more).

Purpose of advertising requirement.

- The advertisement requirement of former § 21-2-218 was a salutary one. It encompassed within its purposes both the interest of the citizen in learning of convenient places to register to vote, and the interest of the voters in knowing where registration was being conducted so that any imbalance in chosen locations became apparent and could be challenged. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Reference in former § 21-2-218 to "additional registration places" was a reference solely to "additional voter registration places" contained in the former section and did not require the one-time advertisement of registration places which are "fixed." Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Advertisement provision of former § 21-2-218 was mandatory and not satisfied by publicity through news articles. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Enforcement of advertising requirement.

- Advertisement provision of former § 21-2-218 could be enforced as to future registration by mandamus or injunction against the registrars. In any instance where it was willfully abrogated by the responsible public officers, they were subject to criminal prosecution under former § 21-2-596. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Failure to advertise had no effect on otherwise valid registration.

- The incorrect registrations of otherwise qualified voters were not invalid because they were processed at additional registration places which were not advertised in compliance with former § 21-2-218, given a finding of good faith. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Designation of church as voter registration site.

- A complaint seeking a declaratory judgment that the acts and policies of the local board of registrars in not designating the plaintiff-church as a voter registration site were illegal was properly dismissed, as: (1) mandamus, used to compel official action when a public official has discretion to act, but arbitrarily and capriciously refuses to do so, was the appropriate remedy; and (2) nothing in former subsection (f) required that churches be designated as voter registration sites. Fourth St. Baptist Church v. Board of Registrars, 253 Ga. 368, 320 S.E.2d 543 (1984) (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, § 34-610 and former Code Section 21-2-218 are included in the annotations for this Code section.

County residency requirement.

- Registrar may only conduct registration of electors within the registrat's county for residents of that county. 1980 Op. Att'y Gen. No. 80-63 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Registration may not be done house-to-house.

- The Georgia Election Code does not contemplate the registration of electors by having the registration official move from house to house for the purpose of registering voters. 1965-66 Op. Att'y Gen. No. 66-163 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Registrar's discretion in designating places for registration.

- The discretion formerly given a chief registrar in designating places for registration did not specify that the registrar had uncontrolled discretion; thus, the registrar's designations could be based upon the purpose for which the power existed, the chief purpose being that of registering voters. 1971 Op. Att'y Gen. No. 71-168 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Main registration office had to be at county site.

- Registration of electors and the other functions performed by the registrars were not administrative services but were official functions; therefore, the main office for registration of electors had to be located at the county site, with additional offices located elsewhere in the county as permitted by former Code. 1974 Op. Att'y Gen. No. 74-25 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

No office could be located outside the county.

- County registrars could not lawfully establish a place outside the county which they used for the purpose of receiving and acting upon applications for registration of voters. 1975 Op. Att'y Gen. No. 75-148 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Words "offices" or "other fixed places" in former § 21-2-218 could not be read so as to restrict the physical characteristics of additional voter registration places. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

If office of county board of registrars was staffed only on part-time basis and was not open during regular office hours on each business day, except Saturday, the office of the tax collector or tax commissioner was to be designated the main office of the board of registrars and the records of the board of registrars was to be maintained in the office of the tax collector or tax commissioner. 1985 Op. Att'y Gen. No. U85-13 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Church could be used as a place for voter registration provided the church was open to the general public and frequented by such. A church was open to, and frequented by, the general public if it was open to all worshipers and was frequented by worshipers who were not members of the church's congregation. 1980 Op. Att'y Gen. No. U80-38 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Supervision and security for additional offices had to be of same degree as, but not necessarily exactly the same as, that which was provided for main office. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Location and operation of additional voter registration places had to strictly comply with the former requirements of former Chapter 2 concerning supervision and security. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Sunday hours.

- Former Code 1933, § 34-610 permitted the board of registrars of a county to extend the statutory minimum office hours for registration of voters to include hours on Sundays. 1980 Op. Att'y Gen. No. 80-82 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Where blank and completed registration cards kept.

- With respect to additional voter registration places, blank registration cards could be only (1) at main office; (2) in transit to additional voter registration place; (3) at additional voter registration place, and then after hours of operation, (4a) if voter registration place had same degree of supervision and security as main office, at said additional voter registration site overnight, or, (4b) if requisite supervision and security was unable to be maintained overnight at additional voter registration place, then, in transit back to main office until such time as they were issued again. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Completed registration cards could be (1) at additional voter registration place during times at which registration was taking place, (2) in transit to main office, and, finally, (3) at main office. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Because all registration cards had to be kept in places for registration and because completed registration cards had to be kept in main office of registrars, neither blank nor completed registration cards could be kept at any time in anyone's private home. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Blank registration cards could not be issued to an office but had to be issued to deputy registrars, and could not be removed from a registration office. 1978 Op. Att'y Gen. No. 78-39 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Maintenance of voter registration cards.

- Though it was illegal to maintain voter registration lists and polling places on segregated basis, voter registration cards had to be maintained in manner most conducive to administrative convenience. 1962 Op. Att'y Gen. p. 225 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, § 182 et seq.

C.J.S.

- 29 C.J.S., Elections, §§ 52, 63, 65.

ALR.

- Waiver of privilege against or nonliability to arrest in civil action, 8 A.L.R. 754.