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Call Now: 904-383-7448(Code 1933, § 34-1401, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 15; Ga. L. 1969, p. 329, § 17a; Ga. L. 1971, Ex. Sess., p. 61, § 9; Ga. L. 1979, p. 955, § 7; Ga. L. 1982, p. 1512, § 5; Ga. L. 1984, p. 1, § 8; Ga. L. 1987, p. 465, § 1; Ga. L. 1989, p. 1084, § 1; Ga. L. 1995, p. 417, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 35; Ga. L. 2005, p. 253, § 50/HB 244; Ga. L. 2008, p. 448, § 1/SB 387; Ga. L. 2010, p. 914, § 17/HB 540.)
The 2008 amendment, effective May 12, 2008, in subsection (b), deleted ", during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election," following "or who" near the beginning, deleted "as identified in subsection (a) of this Code section" following "a reason" near the middle, and substituted "any primary" for "such primary" near the end.
The 2010 amendment, effective July 1, 2010, rewrote this Code section.
- Right of persons hospitalized for mental illness, mental retardation, alcoholism, etc., to vote by absentee ballot, §§ 37-3-144,37-4-104 and37-7-144.
- Symbols for use on absentee ballot envelope, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, Sec. 183-1-14-.01.
For a history of O.C.G.A. § 21-2-380, see Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
- Subsection (a) of O.C.G.A. § 21-2-380 cannot be construed to require electors to have a specific reason to vote by absentee ballot. Thus, based on the legislative enactments as of December 2009, subsection (a) was rendered nugatory by the time of the 2009 run-off election. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
- Plain language of O.C.G.A. § 21-2-381(b) requires that election officials verify the eligibility of absentee voters by one and only one criterion, their identification, and because O.C.G.A. § 21-2-381 and O.C.G.A. § 21-2-380(b) are the later enacted statutes and reflect the General Assembly's repeated enactments over the past seven years to expand the scope and ease of absentee voting, the clear language of O.C.G.A. §§ 21-2-380(b) and 21-2-381 must control. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
- General Assembly amended O.C.G.A. § 21-2-380 to formally delete the six reasons for absentee voting. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
- Trial court erred in invalidating a runoff election for a seat on a city board of commissioners on the ground that under O.C.G.A. § 21-2-380(b) electors could vote by absentee ballot without stating whether the electors had one of the six reasons specified by O.C.G.A. § 21-2-380(a), but the electors had to have one of those reasons to be eligible to cast an absentee ballot because, at the time of the 2009 election, electors were not required to have a reason to vote by absentee ballot, and O.C.G.A. § 21-2-380(a) had been rendered nugatory by the time of the runoff election; O.C.G.A. § 21-2-380(a) cannot be construed to require electors to have a specific reason to vote by absentee ballot. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
- In light of the similarity of the provisions, opinions under former Code 1933, §§ 34-1335 and 34-3301, are included in the annotations for this Code section.
- An election manager in a primary election may not take a ballot to the home or place of business of a voter who is unable to go to the polls. 1945-47 Op. Att'y Gen. p. 255 (decided under former Code 1933, § 34-3301).
- In deciding upon the proper method for determining whether persons have voted within the past three years, it is important that absentee electors and regular electors be treated as similarly as possible despite the varying procedures. 1974 Op. Att'y Gen. No. 74-133 (decided under former Code 1933, § 34-1335).
- 26 Am. Jur. 2d, Elections, §§ 331, 334.
- 29 C.J.S., Elections, § 330 et seq.
Total Results: 4
Court: Supreme Court of Georgia | Date Filed: 2013-06-03
Citation: 293 Ga. 142, 745 S.E.2d 279, 2013 Fulton County D. Rep. 1678, 2013 WL 2372260, 2013 Ga. LEXIS 502
Snippet: absentee ballot in person in early voting. See OCGA § 21-2-380 (a). The application of Rubye Nell Hall shows
Court: Supreme Court of Georgia | Date Filed: 2011-03-07
Citation: 707 S.E.2d 67, 288 Ga. 720, 2011 Fulton County D. Rep. 522, 2011 Ga. LEXIS 184
Snippet: Ga. 795, 798 (684 SE2d 257) (2009). See OCGA § 21-2-380 (b). Art. II, Sec. I, Par. II of the Georgia Constitution
Court: Supreme Court of Georgia | Date Filed: 2010-10-04
Citation: 700 S.E.2d 558, 287 Ga. 835, 2010 Fulton County D. Rep. 3177, 2010 Ga. LEXIS 644
Snippet: absentee ballot specified in OCGA § 21-2-380(a). As OCGA § 21-2-380 existed on December 1, 2009, subsection
Court: Supreme Court of Georgia | Date Filed: 2009-09-28
Citation: 684 S.E.2d 257, 285 Ga. 795, 2009 Fulton County D. Rep. 3047, 2009 Ga. LEXIS 486, 2009 WL 3062995
Snippet: to vote utilizing absentee ballots." See OCGA § 21-2-380(b). Appellants argue that this option ends the