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2018 Georgia Code 21-2-225 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 6 REGISTRATION OF VOTERS

21-2-225. Confidentiality of original registration applications; limitations on registration data available for public inspection; data made available by Secretary of State.

  1. Neither the original applications for voter registration nor any copies thereof shall be open for public inspection except upon order of a court of competent jurisdiction.
  2. Except as provided in Code Section 21-2-225.1, all data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the month and day of birth, the social security numbers, e-mail addresses, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other agencies of this state, to agencies of other states and territories of the United States, and to agencies of the federal government if the agency is authorized to maintain such information and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. Information regarding an elector's year of birth shall be available for public inspection.
  3. It shall be the duty of the Secretary of State to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on electronic media or computer run list or both. Notwithstanding any other provision of law to the contrary, the Secretary of State shall establish the cost to be charged for such data. The Secretary of State may contract with private vendors to make such data available in accordance with this subsection. Such data may not be used by any person for commercial purposes.

(Code 1981, §21-2-225, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1; Ga. L. 1995, p. 1027, § 6; Ga. L. 1996, p. 145, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 21; Ga. L. 2004, p. 103, § 1; Ga. L. 2005, p. 253, § 26/HB 244; Ga. L. 2008, p. 781, § 8/HB 1112; Ga. L. 2009, p. 316, § 1/HB 227; Ga. L. 2010, p. 914, § 11/HB 540; Ga. L. 2011, p. 590, § 1/HB 143; Ga. L. 2011, p. 683, § 7/SB 82.)

The 2008 amendment, effective July 1, 2008, in subsection (b), substituted "Code Section 21-2-417, the date of birth, the social security numbers, and driver's license numbers of the electors, and" for "Code Section 21-2-417 and the social security numbers of the electors and", inserted a comma following "register to vote", inserted "shall", inserted "any and all information relating to the dates of birth,", inserted ", and driver's license numbers", and substituted "maintain such information" for "maintain information by social security number" near the end.

The 2009 amendment, effective July 1, 2009, in subsection (b), substituted "Except as provided in Code Section 21-2-225.1, all" for "All" at the beginning and substituted "agencies of this state, agencies of other states and territories of the United States, and to agencies of the federal government" for "state agencies" near the end.

The 2010 amendment, effective July 1, 2010, in subsection (b), substituted "month and day of birth" for "date of birth" near the middle of the first sentence and added the last sentence.

The 2011 amendments. The first 2011 amendment, effective May 12, 2011, part of an Act to revise, modernize, and correct this title, substituted "of this state, to agencies of other states and" for "of this state, agencies of other states and" in subsection (b). The second 2011 amendment, effective July 1, 2011, in the first sentence of subsection (b), inserted "e-mail addresses," and "to" near the middle.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1910, § 58 are included in the annotations for this Code section.

Voter list correct but official proceeded in irregular manner.

- Where an ordinary (now judge of the probate court) made up the list of qualified voters in an irregular manner, the mere fact that the ordinary may have proceeded in an irregular manner would not operate to vitiate the election, where it does not also appear that the list as certified and furnished to the ordinary was in fact incorrect. Powell v. Consolidated Sch. Dist. No. 1, 26 Ga. App. 135, 105 S.E. 616 (1921) (decided under former Code 1910, § 58).

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 note, because the form requires an applicant to disclose his or her social security number. Schwier v. Cox, 412 F. Supp. 2d 1266 (N.D. Ga. 2005).

Cited in Walls v. Garrett, 247 Ga. 640, 277 S.E.2d 903 (1981).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, §§ 34-401, 34-402, 34-404, 34-622, and 34-623 and Code Sections 21-2-233 and 21-2-234 are included in the annotations for this Code section.

Responsibility to prepare all electors lists.

- The county board of registrars has both the authority and the responsibility to prepare all lists of electors used within the county to include those for the election of county commissioners. 1979 Op. Att'y Gen. No. U79-23 (decided under former Code 1933, §§ 34-401, 34-402, and 34-622 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Withholding of name because of change of residence.

- A name may not be withheld from the list of registered voters because of a change of residence unless the board of registrars is convinced by sufficient proof of a change of legal residence. 1945-47 Op. Att'y Gen. p. 275 (decided under former Code 1933, § 34-401).

Access to additional information on electors.

- The names, addresses and ZIP codes of electors must be furnished upon request for the fees set forth in former § 21-2-234. Any additional identifying information as may be collected and maintained must be made available for inspection and copying and a reasonable fee may be charged for expenses incurred or copies furnished. 1984 Op. Att'y Gen. No. 84-39 (decided under former Code Section21-2-234 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Any citizen has a right to acquire the list of electors, with whatever other information they so desire from local boards of registrars or from the Secretary of State's office without prior official restraint. 1989 Op. Att'y Gen. No. 89-13 (decided under former Code Section 21-2-234 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

The term "commercial purposes" in former § 21-2-234(c) was to be given its customary meaning and refers generally to the manufacture, transportation, traffic, and sale of goods, merchandise, and services of all kind. 1989 Op. Att'y Gen. No. 89-13 (decided under former Code Section21-2-234 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Disclosure under Open Records Act.

- Construing former § 21-2-234 with O.C.G.A. §§ 21-2-217(a),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. 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 Section21-2-234 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, § 183.

C.J.S.

- 29 C.J.S., Elections, § 67 et seq.

ALR.

- Nonregistration as affecting legality of votes cast by persons otherwise qualified, 101 A.L.R. 657.

No results found for Georgia Code 21-2-225.