O.C.G.A.
O.C.G.A.

O.C.G.A. § 21-2-380 (2019)

“Absentee elector” defined; when reason for absentee ballot not required

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this article, the term “absentee elector” means an elector of this state or a municipality thereof who casts a ballot in a

primary, election, or runoff other than in person at the polls on the day of such primary, election, or runoff. (b) An elector who votes by absentee ballot shall not be required to provide a reason in order to cast an absentee ballot in any primary, election, or runoff.

History

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.

Annotations

Cross references. Right of persons hospitalized for mental illness, mental retardation, alcoholism, or other disabilities to vote by absentee ballot, §§ 37-3-144, 37-4-104 and 37-7-144. Administrative rules and regulations. Absentee ballot envelope; definition of advanced age; use of symbols, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.01.

JUDICIAL DECISIONS 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 Ga. LEXIS 644 (2010). Construction of subsection (a). - 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 Ga. LEXIS 644 (2010). Construction. - 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. §§ 21-2-380(b) and 21-2-381 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 212-381 must control. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558, 2010 Ga. LEXIS 644 (2010).

Impact of 2010 amendment. - General Assembly amended O.C.G.A. § 21-2380 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 Ga. LEXIS 644 (2010). Electors not required to have reason to vote by absentee ballot. - 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 § 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 § 21-2-380(a) had been rendered nugatory by the time of the runoff election; § 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 Ga. LEXIS 644 (2010).

ELECTIONS & PRIMARIES

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 34-1335 and 34-3301, are included in the annotations for this Code section. Election manager cannot take ballot to voter unable to go to polls. - 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 Ga. Op. Att’y Gen. 255 (decided under former Code 1933, § 34-3301).

Absentee and regular electors to be treated similarly. - 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).

RESEARCH REFERENCES Am. Jur. 2d. 26 Am. Jur. 2d, Elections, §§ 333, 336.

C.J.S. 29 C.J.S., Elections, § 345 et seq.

Notes of Decisions
Cited in 7 cases, 2005–2019 · leading case: Spalding Cnty. Bd. of Elections v. McCord, 700 S.E.2d 558 (Ga. 2010).
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Spalding Cnty. Bd. of Elections v. McCord, 700 S.E.2d 558 (Ga. 2010). · cites it 58× “McCord filed a timely election contest in the Superior Court of Spalding County, alleging that a number of electors greater than the margin of victory in the runoff had illegally cast absentee ballots because they did not have one of the six reasons for voting by absentee ballot…”
Democratic Party of Georgia, Inc. v. Perdue, 707 S.E.2d 67 (Ga. 2011). · cites it 4× “See OCGA § 21-2-380 (b). Art. II, Sec. I, Par.”
Georgia Muslim Voter Proj. v. Kemp, 918 F.3d 1262 (11th Cir. 2019). · cites it 4× “Ga. Code Ann. §§ 21-2-380 to -381.19 This case concerns the last method—voting by mail—the details of which are set out in Sections 21-2-381 and -386 of Georgia’s election code (“the Statutes”).”
Favorito v. Handel, 684 S.E.2d 257 (Ga. 2009). · cites it 2× “” See OCGA § 21-2-380 (b). Appellants argue that this option ends the week prior to an election day.”
Common Cause/Georgia, League of Women Voters of Georgia, Inc. v. Billups, 439 F. Supp. 2d 1294 (N.D. Ga. 2006). · cites it 2× “) The General Assembly also voted to amend O.C.G.A. § 21-2-380(b) to make it easier for voters to obtain absentee ballots.”
Commong cause/georgia v. Billups, 406 F. Supp. 2d 1326 (N.D. Ga. 2005). · cites it 2× “) Secretary of State Cox observed: By allowing any person, at any time within 45 days before an election, to vote an absentee ballot by mail — with no ID requirement and no requirement to state one of the current conditions for voting absentee ((O.C.G.A. § 21-2-380) — such as…”
Meade v. Williamson, 745 S.E.2d 279 (Ga. 2013). · cites it 2× “See OCGA § 21-2-380 (a). The application of Rubye Nell Hall shows she checked a box labeled “Advance Voting (in person only).”
— 21-2-380(a) — 1 case
Georgia Muslim Voter Proj. v. Kemp, 918 F.3d 1262 (11th Cir. 2019). “Ga. Code Ann. §§ 21-2-380 to -381.19 This case concerns the last method—voting by mail—the details of which are set out in Sections 21-2-381 and -386 of Georgia’s election code (“the Statutes”).”
— 21-2-380(b) — 2 cases
Common Cause/Georgia, League of Women Voters of Georgia, Inc. v. Billups, 439 F. Supp. 2d 1294 (N.D. Ga. 2006). “) The General Assembly also voted to amend O.C.G.A. § 21-2-380(b) to make it easier for voters to obtain absentee ballots.”
Democratic Party of Georgia, Inc. v. Perdue, 707 S.E.2d 67 (Ga. 2011). “See OCGA § 21-2-380 (b). Art. II, Sec. I, Par.”
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