Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1895, § 36, Code 1910, § 36, former Code 1933, § 34-601 et seq. Code Sections 21-2-217 and 21-2-219 are included in the annotations for this Code section.

Georgia may require its voters to be bona fide residents to register to vote, 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).

Compliance with federal privacy law.

- State violated the Voting Rights Act, 42 U.S.C. § 1971(a)(2)(B), when it denied voter registration applicants the right to register to vote because they refused to disclose their social security numbers (SSN); disclosing one's SSN was not material in determining whether that person was qualified to vote under state law. Schwier v. Cox, 412 F. Supp. 2d 1266 (N.D. Ga. 2005).

In order to be entitled to register as a voter, person must take prescribed oath, by which the person is required to depose, in effect, that the person possesses, or will by a designated day in the future possess, all the legal qualifications of a voter. Cole v. McClendon, 109 Ga. 183, 34 S.E. 384 (1899); Drake v. Drewry, 112 Ga. 308, 37 S.E. 432 (1900) (decided under former Code 1895, § 36).

Person not qualified voter if has not taken required oath.

- Although a person's name may appear on the registration list, the person is not a qualified voter if the person has not taken the oath required by former Code 1910, § 36. Chapman v. Sumner Consol. Sch. Dist., 152 Ga. 450, 109 S.E. 129 (1921); Stephens v. Ball Ground Sch. Dist., 153 Ga. 690, 113 S.E. 85 (1922) (decided under former Code 1910, § 36).

Fact that name signed to oath in voters' book prima facie evidence that oath administered.

- The fact that one's name was signed to the oath in the voters' book will be prima facie evidence that the oath was administered as required by former Code 1910, § 36, and a substantial compliance therewith was sufficient. Chapman v. Sumner Consol. Sch. Dist., 152 Ga. 450, 109 S.E. 129 (1921) (decided under former Code 1910, § 36).

Compliance where attention called to oath's content and name subscribed.

- Where the attention of the voters was called to the contents of the registration oath and the voters subscribed their names thereto, this was a substantial compliance with the requirement as to administering such an oath. Brown v. City of Atlanta, 152 Ga. 283, 109 S.E. 666 (1921) (decided under former Code 1910, § 36).

Requirement that registration cards be signed.

- By failing to sign their registration cards, individuals never took the oath required to qualify them as voters in this state and, therefore, they never became lawfully registered voters who were authorized to cast ballots. Johnson v. Byrd, 263 Ga. 173, 429 S.E.2d 923 (1993) (decided under former Code Section21-2-217 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Residence in political subdivision may be required.

- County registrars and the State of Georgia have the power to require that voters be bona fide residents of the relevant political subdivision. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga. 1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

County registrars may determine whether residence requirements are met.

- County registrars are free to take reasonable and adequate steps to see that all applicants for the right to register to vote actually fulfill the requirements of bona fide residence. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga. 1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Indicia of residence.

- Since residents of Georgia are prohibited from operating out-of-state licensed motor vehicles in Georgia, a person who regularly drives an out-of-state licensed motor vehicle in Georgia has already determined and is evidencing that person determination that one is not a resident of Georgia for purposes of the former provisions. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga. 1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Voting by felons.

- Even though felons may have remained registered voters, they still could not have legally voted and their votes could still have been challenged even after they had been cast. Johnson v. Byrd, 263 Ga. 173, 429 S.E.2d 923 (1993) (decided under former Code Section21-2-219 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Cited in Moore v. Nelson, 394 F. Supp. 2d 1365 (M.D. Ga. 2005).

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, §§ 34-103 and 34-609 and Code Sections 21-2-217 and 21-2-219 are included in the annotations for this Code section.

Application inquiring as to race.

- Registration to vote may not be conditioned upon an applicant supplying race on a registration application, though race may be requested as an optional part of the registration process. 1995 Op. Att'y Gen. No. 95-35.

Judicial determination of mental incompetence.

- A separate, judicial determination must be made that a person is "mentally incompetent" prior to the removal of a person's right to vote. 1995 Op. Att'y Gen. No. 95-27.

Reregistration not required upon marriage.

- There appears to be no general statutory requirement that a woman who properly registers in her maiden name before she is married must reregister and furnish her new "legal" name upon marriage. 1974 Op. Att'y Gen. No. 74-33 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Married woman must furnish both maiden name and legal surname upon registration.

- Georgia currently requires the use of one's "legal" name in connection with voter registration procedures, and more particularly with respect to a married woman's use of her husband's surname. Thus, it would be unlawful for a married woman who executes a voter registration card not to furnish both her maiden name and her legal surname (i.e., her husband's surname). 1974 Op. Att'y Gen. No. 74-33 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3; but see O.C.G.A. 19-3-33.1).

Disclosure of social security numbers.

- Social security number disclosure required by former Code 1933, §§ 34-103 and 34-609 is exempted by § 7(a) (5 U.S.C. § 552a note) of the Privacy Act of 1974 from the prohibition which prohibits state and local governments, as well as federal agencies, from denying to any individual any right, benefit, or privilege afforded by law for the individual's refusal to disclose social security number. 1976 Op. Att'y Gen. No. 76-6 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

The social security number of a voter was required by former § 21-2-217 (a) to be recorded on a voter registration card, if it is known at the time of application, and, must be disclosed under an Open Records Act request. 1990 Op. Att'y Gen. No. 90-5 (decided under former Code Section21-2-217 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Construing former § 21-2-217 (a) with O.C.G.A. §§ 21-2-234,21-2-242, and50-18-70 et seq., registration cards must be subject to disclosure in accordance with the provisions of the Open Records Act, O.C.G.A. § 50-18-70 et seq. However, in accordance with the federal Privacy Act of 1974, Section 7(b) (5 U.S.C. § 552a note), if a registrar is going to require disclosure of a social security number on a voter registration card, the individual registering to vote should be informed as to whether the disclosure is mandatory or voluntary, under what statutory authority the disclosure is requested, and the uses to which the disclosure will be put. 1990 Op. Att'y Gen. No. 90-5 (decided under former Code Section21-2-217 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Lack of information on registration card and absentee ballot application.

- Where there is an absence of information on a registration card, and a consequent lack of correspondence between that source of information and the information provided on the completed absentee ballot application, the registrar may properly request the absentee ballot applicants to furnish all the information which is sought by former Code 1933, §§ 34-103 and 34-609. In the event the applicant does not furnish the requested information, the application may be rejected. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Where the registration card corresponding to an otherwise proper application for absentee ballot is signed but is otherwise incomplete in some respect, until the completion of proceedings in accordance with O.C.G.A. §§ 21-2-236 or former21-3-137, as the case may be, the registrar may not refuse to deliver the absentee ballot unless the absence of information sought by the registration card on file gives rise to a question as to the applicant's identity. In the latter event, the registrar may request additional information, including that sought by the former provisions, and may, if the applicant refuses to furnish the information requested, reject the absentee ballot application. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Telephone numbers.

- Voter registrars have no authority to request the inclusion of a telephone number on a voter registration card, and in the absence of statutory authority either to require or to request that an elector provide a telephone number, whether listed or unlisted, for a voter registration card, the disclosure of an unlisted number pursuant to an Open Records Act, O.C.G.A. § 50-18-70 et seq., request may constitute an unwarranted invasion of privacy. Hence, a voter's unlisted telephone number should not be disclosed by voter registrars under an Open Records Act request. 1990 Op. Att'y Gen. No. 90-5 (decided under former Code Section21-2-217 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

County residency requirement.

- Registrar may only conduct registration of electors within county for residents of that county. 1980 Op. Att'y Gen. No. 80-63 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Voting in elections held pursuant to § 3-4-41. - Registered and qualified voters in municipal elections may sign petitions and vote in both municipal and county elections held pursuant to O.C.G.A. § 3-4-41, but a county referendum is only binding on the unincorporated areas of the county. 1985 Op. Att'y Gen. No. U85-48 (decided under former Code Section21-2-219 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Registration is dependent upon making proper application by furnishing under oath, and over the signature of the applicant, the information required by the statutorily prescribed registration forms. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Registration to vote for President after moving to another state.

- A citizen of Georgia who moves to another state, beginning residence therein after the thirtieth day next preceding the election for President and Vice-President, should be permitted to register to vote for such officers up to 14 days prior to the election, and to vote, either in person or by absentee ballot. 1972 Op. Att'y Gen. No. U72-51 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

School bond elections.

- A person otherwise eligible to vote may vote in school bond elections in this state. 1969 Op. Att'y Gen. No. 69-300 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Out-of-state woman married to Georgia resident may vote.

- A married woman whose husband has his legal residence in Georgia may register to vote in this state even though she is not physically domiciled within the state. 1975 Op. Att'y Gen. No. 75-77 (decided under former Code 1933, §§ 34-103 and 34-609 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, §§ 100 et seq., 184 et seq.

C.J.S.

- 29 C.J.S., Elections, § 27 et seq.

Completion of sentence for crime of moral turpitude a prerequisite to registering to vote.

- If a fine is imposed where authorized by statute in addition to and independent of any sentence of probation, a person may not register and vote until the sentence is complete in all aspects including the completion of the payment of the fine imposed. If the fine is not paid at the end of probation, then the sentence is not completed. 1984 Op. Att'y Gen. 84-33.

ALR.

- Constitutionality of voter participation provisions for primary elections, 120 A.L.R.5th 125.

Validity, construction, and application of state criminal disenfranchisement provisions, 10 A.L.R.6th 31.

Validity of statute requiring proof and disclosure of information as condition of registration to vote, 48 A.L.R.6th 181.

Validity of statute providing for purging voter registration lists of inactive voters, 51 A.L.R.6th 287.