Appellate jurisdiction.

- Without a clear connection to a specific election, a challenge to a voter's qualifications brought under O.C.G.A. § 21-2-228 or O.C.G.A. § 21-2-229 does not come within the jurisdiction of the Supreme Court of Georgia over "cases of election contest," Ga. Const. 1983, Art. VI, Sec. VI, Para. II (2). To the extent that Jarrard v. Clayton County Bd. of Registrars, 425 S.E.2d 874 (1992), was decided as an election contest, it was overruled. Cook v. Board of Registrars, 291 Ga. 67, 727 S.E.2d 478 (2012).

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, § 34-617 and former Code Sections 21-2-225 and 21-2-236 are included in the annotations for this Code section.

Removal of name based on receipt of returned notice.

- A registrar is not authorized to remove a person's name from the list of electors based on the registrar's receipt of a returned letter notifying such person of a hearing under former § 21-2-225. 1982 Op. Att'y Gen. No. 82-23 (decided under former Code Section21-2-225 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Although a registrar may well question voter eligibility based solely on returned mail from the voter's address of record, it is imperative that all reasonable measures be taken to maximize the possibility of receipt by the elector of the notice of hearing, e.g., mail forwarding. 1982 Op. Att'y Gen. No. 82-23 (decided under former Code Section 21-2-225 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Procedure for disqualification of convicted voter.

- As the Election Code does not establish a procedure for automatic disqualification of voters convicted of a crime involving moral turpitude, it is suggested that written notice be given to the elector as required by former Code 1933, § 34-617, or, if the list has already been prepared, the voter should be called upon to show cause why the voter's name should not be removed from the voters list. 1974 Op. Att'y Gen. No. 74-128 (decided prior to 1983 amendment of § 21-2-219; decided under former Code 1933, § 34-617 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Questioning of residence of elector proper.

- Inasmuch as the law clearly states that an elector be registered in the election district in which the elector resides, it would be proper for the board of registrars to question the qualifications of any elector whom the board believes to be residing outside the district in which such person is registered. 1968 Op. Att'y Gen. No. 68-220 (decided under former Code 1933, §§ 34-408, 34-603, 34-604 and 34-627 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Person who moves away from a county and makes a home elsewhere forfeits the right to vote in that county. 1965-66 Op. Att'y Gen. No. 65-56 (decided under former Code 1933, §§ 34-408, 34-602, 34-603, 34-604, and 34-627 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Board of registrars has the right and duty to make changes in its records if it learns from voters' certificates of changes of names or addresses of voters. 1970 Op. Att'y Gen. No. U70-12 (decided under former Code 1933, §§ 34-408, 34-602, 34-603, 34-604, and 34-627 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Delivery of absentee ballot awaiting completion of proceedings.

- Where the registration card corresponding to an otherwise proper application for an absentee ballot is signed but is otherwise incomplete in some respect, until the completion of proceedings in accordance with former Code 1933, §§ 34-408, 34-602, 34-603, 34-604, and 34-627, the registrar may not refuse to deliver the absentee ballot unless the absence of information sought by the registration card on file gives rise to a question as to the applicant's identity. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-408, 34-602, 34-603, 34-604, and 34-627 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Review of decision to remove name of elector from list.

- An elector whose name has been removed from the list of electors upon a challenge by a board of registrars after an administrative hearing is entitled to have that decision reviewed by a superior court. 1992 Op. Att'y Gen. No. 92-16 (decided under former Code Section 21-2-236 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, § 179 et seq.

C.J.S.

- 29 C.J.S., Elections, §§ 62, 63 et seq.

ALR.

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

Constitutionality of voter participation provisions for primary elections, 120 A.L.R.5th 125.

Validity of statute requiring proof and disclosure of information as condition of registration to vote, 48 A.L.R.6th 181.