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2018 Georgia Code 21-2-221 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 6 REGISTRATION OF VOTERS

21-2-221. Driver's license or identification card application as application for voter registration; forms and procedure; electronic transmission of applications and signatures.

  1. Each application to obtain, renew, or change the name or address on a driver's license or identification card issued by the Department of Driver Services pursuant to Chapter 5 of Title 40 made by an applicant who is within six months of such applicant's eighteenth birthday or older shall also serve as an application for voter registration unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application.
  2. The commissioner of driver services and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section.
  3. The forms designed by the commissioner of driver services and the Secretary of State:
    1. Shall not require the applicant to duplicate any information required in the driver's license portion of the application with the exception of a second signature;
    2. Shall include such information as required on other voter registration cards issued by the Secretary of State;
    3. Shall contain a statement that states each eligibility requirement contained in Code Section 21-2-216, that contains an attestation that the applicant meets each such requirement, and that requires the signature of the applicant under penalty of perjury; and
    4. Shall include, in print that is identical to that used in the attestation, the penalties provided by law for submission of a false voter registration application; and a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes.
  4. Any change of address submitted to the Department of Driver Services for the purpose of changing the information contained on a driver's license or identification card issued by the Department of Driver Services shall serve as a notification of change of address for voter registration unless the registrant states that at the time of submitting the change of address that the change of address is not for voter registration purposes.
  5. The Department of Driver Services shall transmit the completed applications for voter registration to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts.
  6. The Department of Driver Services shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State.
  7. No information relating to the failure of an applicant for a driver's license or identification card issued by the Department of Driver Services to sign a voter registration application may be used for any purpose other than voter registration.
  8. The Secretary of State and the commissioner of driver services shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application.

(Code 1981, §21-2-221, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, § 6; Ga. L. 1998, p. 295, § 1; Ga. L. 2002, p. 437, § 1; Ga. L. 2005, p. 334, § 10-2/HB 501.)

JUDICIAL DECISIONS

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, §§ 34-107, 34-108 and 34-612 and Code Section 21-2-212 are included in the annotations for this Code section.

County board of registrars is the proper agency to determine eligibility to register and vote. 1970 Op. Att'y Gen. No. U70-103 (decided under former Code 1933, §§ 34-107, 34-108, and 34-612 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Oath may be administered in mass.

- Persons authorized to register voters pursuant to O.C.G.A. § 21-2-212(c) may, after the registration cards have been completed by the applicants, administer the oath to all applicants at the same time and then obtain the required signatures individually. 1983 Op. Att'y Gen. No. 83-42 (decided under former Code Section21-2-221 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Failure to sign voter's registration card.

- Where a voter's registration card has not been signed by the voter, such person is not a registered voter and it actually is a misnomer to refer to the person as a "voter." 1968 Op. Att'y Gen. No. 68-145 (decided under former Code 1933, §§ 34-107, 34-108 and 34-612 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, § 184 et seq.

C.J.S.

- 29 C.J.S., Elections, §§ 63, 65.

ALR.

- Voter identification requirements as denying or abridging right to vote on account of race or color under § 2 of Voting Rights Act, 52 U.S.C.A. § 10301, 12 A.L.R. Fed. 3d 4.

Cases Citing Georgia Code 21-2-221 From Courtlistener.com

Total Results: 4

SCOTT K. CAMP v. RYAN CHRISTOPHER WILLIAMS

Court: Supreme Court of Georgia | Date Filed: 2022-09-30

Snippet: (1)-(2); 21-2-182; 21-2-183 (b) (3); 21-2-211; 21-2-221.2, even though registration is one of the express

Foster v. State

Court: Supreme Court of Georgia | Date Filed: 2010-11-01

Citation: 701 S.E.2d 189, 288 Ga. 98, 2010 Fulton County D. Rep. 3491, 2010 Ga. LEXIS 814

Snippet: of voter registration pursuant to Code Section 21-2-221, racial and ethnic information, to the board of

Haynes v. Wells

Court: Supreme Court of Georgia | Date Filed: 2000-11-01

Citation: 538 S.E.2d 430, 273 Ga. 106, 2000 Fulton County D. Rep. 4018, 2000 Ga. LEXIS 824

Snippet: restrictive interpretation of OCGA §§ 21-2-218 (c) and 21-2-221 (d), and 42 USC § 1973 (gg) (3) (d), also known

Johnson v. Byrd

Court: Supreme Court of Georgia | Date Filed: 1993-06-07

Citation: 263 Ga. 173, 429 S.E.2d 923, 93 Fulton County D. Rep. 2111, 1993 Ga. LEXIS 479

Snippet: present case, the applicable statute is OCGA § 21-2-221. That Code section requires the registrar or deputy