O.C.G.A. § 21-2-219 (2019)
Registration cards; form; registration by members of armed forces or merchant marine and permanent
overseas citizen; Secretary of State to provide information regarding registration and absentee ballot procedures; reports regarding absentee ballots. (a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State, which shall include printed forms, forms made available through electronic means, or otherwise. Except as provided in subsection (b) of this Code section and Code Section 21-2-221.2, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated under the provisions of the National Voter Registration Act of 1993, 52 U.S.C. Section 20508, shall be accepted for purposes of voter registration. (b) A person who is a legal resident of this state and a citizen of the United States; who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas; and who will be absent from such person’s county of residence until after the time for registering for an ensuing primary or election may make proper application for voter registration on the official post card or write-in absentee ballot provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended. (c) Permanent overseas citizens shall only be authorized to vote for presidential electors and United States senator or representative in Congress. Permanent overseas citizens shall be deemed to be residents of the precinct in which the county courthouse is located. (d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section shall be considered to be an application for an absentee ballot under Code Section 21-2-381 or a special absentee ballot under Code Section 21-2-381.1, as appropriate. (e) A person who is a United States citizen, permanently residing overseas, who has never lived in the United States, may register and
ELECTIONS & PRIMARIES
vote in this state in the county of residence of either of such person’s parents under the limitations of subsection (c) of this Code section if either of the person’s parents is registered to vote in this state. Such person shall be deemed to reside at the same location as the parent for voting purposes. (f) The office of the Secretary of State is designated as the office, under the federal Help America Vote Act, to be responsible for providing information on registration and absentee ballot procedures for use by absent uniformed services and overseas voters, including the use of the federal write-in absentee ballot. (g) The registrars of each county shall report to the Secretary of State within 60 days after a general election in which federal candidates were on the ballot the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election. (h) The Secretary of State shall within 90 days after a general election in which federal candidates were on the ballot report to the federal Election Assistance Commission, on such form as may be prescribed by such commission, the combined number of absentee ballots transmitted to absent uniformed services and overseas voters in such election and the combined number of such ballots that were returned by such voters and cast in such election.
History
Code 1981, § 21-2-219, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 15; Ga. L. 2003, p. 517, § 17; Ga. L. 2010, p. 569, § 1/HB 1073; Ga. L. 2010, p. 914, § 8/HB 540; Ga. L. 2012, p. 995, § 14/SB 92. U.S. Code. The Help America Vote Act of 2002,
referred to in this Code section, is codified at 52 U.S.C. § 20901 et seq.
Annotations
Code Commission notes. Pursuant to Code Section 28-9-5, in 2023, “52 U.S.C. Section 20508” was substituted for “42 U.S.C. Section 1973gg-7” in subsection (a), and, in subsection (b), “52 U.S.C. Section 20301” was substituted for “42 U.S.C. Section 1973ff”.
JUDICIAL DECISIONS Compliance with federal Privacy Act. - Georgia’s voter registration forms do not comply with the notice requirements of § 7(b) of the Privacy Act, 5 U.S.C. § 552a, because the form requires an applicant to disclose his or her social
security number. Schwier v. Cox, 412 F. Supp. 2d 1266, 2005 U.S. Dist. LEXIS 40002 (N.D. Ga. 2005), aff’d, 439 F.3d 1285, 2006 U.S. App. LEXIS 3656 (11th Cir. 2006).