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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-221 Case Law from Google Scholar Amendments to OCGA 21-2-221

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 O.C.G.A. § 21-2-221

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Haynes v. Wells, 538 S.E.2d 430 (Ga. 2000).

Cited 23 times | Published | Supreme Court of Georgia | Nov 1, 2000 | 273 Ga. 106, 2000 Fulton County D. Rep. 4018

...t. 1. In addressing appellant's claim that he was eligible to run for the Fifth District seat on the Clayton County Board of Education, the majority opinion affirms the trial court's narrow and restrictive interpretation of OCGA §§ 21-2-218(c) and 21-2-221(d), and 42 USC § 1973(gg)(3)(d), also known as the "Motor Voter Act," in a manner that unduly excludes candidates from participating in the democratic process. Since this is our first opportunity to interpret OCGA §§ 21-2-218(c) and 21-2-221(d) in conjunction with 42 USC § 1973(gg)(3)(d), I would, in keeping with the intent of both the Georgia and federal acts, interpret them in a broad manner so as to provide for the inclusion of citizens in the democratic process, rather than their exclusion....
...The trial court ordered that Wells be placed on the ballot as the Democratic nominee for the general election to be held in November 2000. On September 28, the trial court entered another order, directing the entry of a final judgment in Wells's favor. [2] See 42 U.S.C. § 1973(gg)(3)(d); OCGA §§ 21-2-218(c); 21-2-221(d). [3] OCGA § 21-2-221(e)....
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Scott K. Camp v. Ryan Christopher Williams, 314 Ga. 699 (Ga. 2022).

Cited 11 times | Published | Supreme Court of Georgia | Sep 30, 2022

...But the Election Code also uses the term “qualified” in conjunction with “registered” to establish a voter’s entitlement to vote or sign a petition (which is only sometimes called eligibility), see OCGA §§ 21-2-132 (h) (1)-(2); 21-2-153 (a.1) (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 qualifications for an elector, see OCGA § 21-2-216 (a)....
...signatures needed for qualifying petitions. See OCGA §§ 21-2-132 (h) (1); 21-2- 170 (b); 21-2-180. But, as with candidates, “eligible” is also sometimes used to refer to the potential of being entitled to vote at some future time upon fulfilling procedural requirements. See OCGA § 21-2-221.2 (b) (5). 16 On this score, the Board argues that many of these examples use “qualification” in isolation, rather than in the context of “holding the office being sought.” OCGA § 21-2-6 (a)....
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Foster v. State, 701 S.E.2d 189 (Ga. 2010).

Cited 11 times | Published | Supreme Court of Georgia | Nov 1, 2010 | 288 Ga. 98, 2010 Fulton County D. Rep. 3491

...ense or personal identification card number issued pursuant to the provisions of Chapter 5 of Title 40, and, whenever racial and ethnic information is collected by the Department of Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic information, to the board of jury commissioners of each county....
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Johnson v. Byrd, 263 Ga. 173 (Ga. 1993).

Cited 1 times | Published | Supreme Court of Georgia | Jun 7, 1993 | 429 S.E.2d 923, 93 Fulton County D. Rep. 2111

...One can not lawfully register as a voter without signing his name [to the oath on the registration card, OCGA § 21-2-217,] in person, except that where the applicant can not sign his name, the proper officer “shall sign it for him, the applicant making his mark thereto.” [OCGA § 21-2-221.] (Emphasis supplied.) Turk v....