Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1933, § 34-632 and former Code Section 21-2-241 are included in the annotations for this Code section.

Residency requirement of Commissioner met.

- In a case involving the residency requirements of O.C.G.A. §§ 21-2-217(a) and46-2-1(b), the trial court properly granted a Commissioner's motion for summary judgment because the evidence established the Commissioner's residence in District Two at least 12 months prior to the Commissioner's election to the Public Service Commission; pursuant to O.C.G.A. § 19-2-3, the domicile of the Commissioner's spouse in another district was not presumed to be the Commissioner's domicile. Dozier v. Baker, 283 Ga. 543, 661 S.E.2d 543 (2008).

In ruling a candidate was not qualified to be elected as a member of the commission from a Georgia Public Service Commission district because the candidate did not meet the residency requirements of O.C.G.A. § 46-2-1(b), the Georgia Secretary of State erred in considering only the homestead exemption rule, O.C.G.A. § 21-2-217(a)(14), and ignoring the other applicable portions of § 21-2-217(a) to determine the candidate's residency. Handel v. Powell, 284 Ga. 550, 670 S.E.2d 62 (2008).

County residents' challenge to a school board candidate's residency qualification under O.C.G.A. § 45-2-1(1) and Ga. Const. 1983, Art. VIII, Sec. V, Para. II, was barred by res judicata because another challenger had raised the same challenge, and it had been resolved against the challenger by the county's board of elections. Lilly v. Heard, 295 Ga. 399, 761 S.E.2d 46 (2014).

Irrebuttable presumption of married woman's residence unconstitutional.

- The joint operation of former Code 1933, §§ 79-403, 79-407 and 34-632 (see O.C.G.A. §§ 19-2-3 and19-2-6), and former § 21-2-241, respectively, insofar as it established an irrebuttable presumption that the domicile and residence of a married woman was that of her husband, and thereby prevents her from registering to vote in Georgia, violated U.S. Const., amend. 19. Kane v. Fortson, 369 F. Supp. 1342 (N.D. Ga. 1973) (decided prior to 1982 amendment to former Code 1933, § 34-632).

Husband and wife were qualified to vote in a city election where their testimony showed that (1) the husband grew up in the city and entered the military, and that all of his relatives still lived in the city; (2) when he retired from the military in 1993, they had a house in another city, but always considered the city to be their home, (3) the husband worked for the city, and they would regularly travel back and forth between the two cities, (4) they attended church in the city and had a trailer there which they sold two or three years earlier, (5) after the sale of the trailer, they would stay in the city with the husband's mother, (6) the husband apparently still owned some real property in the city and was in the city almost every day, (7) the wife's bank account was in the city and she had voted in the city for 16 years, and (8) their expressed intent was to keep their house in the other city temporarily and to return to the city permanently. Holton v. Hollingsworth, 270 Ga. 591, 514 S.E.2d 6 (1999).

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, § 34-632 and former Code Section 21-2-241 are included in the annotations for this Code section.

Individual's intent as to determination of domicile.

- A registrar must acquire and examine the available evidence in order to ascertain the intent of each individual, on a case by case basis, to determine the domicile of that individual. 1990 Op. Att'y Gen. No. 90-1 (decided under former Code Section 21-2-241 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

One who moves away from a county and makes a home elsewhere forfeits right to vote in that county. 1965-66 Op. Att'y Gen. No. 65-56 (decided under former Code 1933, § 34-632 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Residence of person between 18 and 21 years of age.

- A citizen over 18 years but under 21 years is sui juris for voting purposes and the citizen can establish a residence apart from the residence of parents. However, such citizens must still fulfill the residence requirements established by law and each application should be decided by the voter registrars in accordance with established principles of determining residence. 1971 Op. Att'y Gen. No. 71-151 (decided under former Code 1933, § 34-632 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Residence of member of armed forces.

- A person who is a member of the armed forces does not acquire residence in this state merely because the person is stationed here. A member of the armed forces stationed in this state, who acquires a domicile here, without any present intention of removing therefrom, and to which, whenever the individual is absent, the individual intends to return, would acquire residence in this state. 1968 Op. Att'y Gen. No. 68-68 (decided under former Code 1933, § 34-632 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

United States Navy personnel living offshore in a submarine while stationed at an armed forces base in Georgia may establish residence in a certain county only if they fix their place of habitation at that location, without any present intention of removing therefrom, and with intent to return thereto. 1982 Op. Att'y Gen. No. 82-83 (decided under former Code Section 21-2-241 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Registration in another state by a serviceman stationed in such state for a special election wherein nonresidents of the category are permitted to register and vote under the laws of such state would not necessarily void registration in Georgia. 1970 Op. Att'y Gen. No. U70-103 (decided under former Code 1933, § 34-632 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Business address insufficient for residency purposes.

- A business address, in and of itself, does not fulfill the residency requirements of the Election Code, and an otherwise qualified elector may vote in the election district (now precinct) containing the business address only when such district (now precinct) also contains the elector's residence as defined by the Election Code. 1968 Op. Att'y Gen. No. 68-293 (decided under former Code 1933, § 34-632 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, § 164 et seq.

C.J.S.

- 29 C.J.S., Elections, § 30 et seq.

ALR.

- Propriety of test or question asked applicant for registration as voter other than formal questions relating to specific conditions of his right to registration, 76 A.L.R. 1238.

Voting by persons in the military service, 155 A.L.R. 1459.

Effect of conviction under federal law, or law of another state or country, on right to vote or hold public office, 39 A.L.R.3d 303.

Validity of residency and precinct-specific requirements of state voter registration statutes, 57 A.L.R. 6th 419.