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2018 Georgia Code 21-2-382 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-382 Case Law from Google Scholar Amendments to OCGA 21-2-382

TITLE 21 ELECTIONS

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

ARTICLE 10 ABSENTEE VOTING

21-2-382. Additional sites as additional registrar's office or place of registration for absentee ballots.

  1. Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, a government service center providing general government services, or another government building generally accessible to the public.
  2. Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's or absentee ballot clerk's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385.

(Code 1933, § 34-1406.1, enacted by Ga. L. 1979, p. 677, § 1; Ga. L. 1981, p. 534, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1992, p. 1208, § 1; Ga. L. 1995, p. 1027, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 11A; Ga. L. 2010, p. 914, § 19/HB 540.)

The 2010 amendment, effective July 1, 2010, in subsection (b), deleted "or having a population between 88,000 and 90,000" following "550,000 or more" near the middle, and inserted "or absentee ballot clerk's" near the end.

Administrative Rules and Regulations.

- Additional sites as additional registrar's offices or places of registration for absentee ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, Sec. 183-1-14-.08.

Cases Citing O.C.G.A. § 21-2-382

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Repub. Nat'l Comm. v. Eternal Vigilance Action, Inc. (two Cases), 321 Ga. 771 (Ga. 2025).

Cited 5 times | Published | Supreme Court of Georgia | Jun 10, 2025

...But the rule goes beyond the statute’s provisions and invents new requirements. That is not consistent with — and thus not authorized by — the statute. Accordingly, the Drop Box ID Rule is invalid at step one. (v) Drop Box Surveillance Rule (Rule 183-1-14-.02 (19)). OCGA § 21-2-382 (c) (1) requires the board of registrars or the absentee ballot clerk to “establish at least one drop box as a means for absentee by mail electors to deliver their ballots[.]” Drop boxes are to be located “at the office of the bo...
...Video surveillance may be live-streamed but must be recorded and will be considered part of the election documents and retained as provided in Code Section 21-2-390. Ga. Comp. R. & Regs., r. 183-1-14-.02 (19). The Drop Box Surveillance Rule is consistent with OCGA § 21-2-382 (c) (1) because it merely articulates a uniform method of compliance with requirements that the statute itself imposes. The SEB is authorized to promulgate rules “to obtain uniformity in the practices and proceedings” of election officials, with the important caveat that the rules must be “consistent with” the existing statutory scheme. OCGA § 21-2-31 (1), (2). Although 92 OCGA § 21-2-382 (c) (1) specifies who should be conducting surveillance (i.e., “an election official or his or her designee, law enforcement official, or licensed security guard”), it does not specify how these individuals should monitor drop box locations....
...The Drop Box Surveillance Rule thus serves a necessary gap-filling function and promotes “uniformity” in election procedure by providing a specific method of compliance with the statute. The Plaintiffs argue that the rule is inconsistent with OCGA § 21-2-382 (c) (1) because it requires drop boxes not under surveillance to be taken out of use, which is not, in their view, required by the statute. We disagree. OCGA § 21-2-382 (c) (1) requires that drop boxes remain “closed when advance voting is not being conducted” or “when the advance voting period ends”; the rule merely implements that mandate by requiring drop boxes not under constant surveilla...
...Similarly, by requiring video surveillance, the rule provides clarity and uniformity for the implementation of the statute’s mandate that 93 drop box locations “be under constant surveillance.”30 As for step three, OCGA § 21-2-382 (c) (1), as we construe it today, provides sufficient guidelines to cabin the SEB’s exercise of rulemaking authority. The statute provides guidelines for where drop box locations should be placed, when drop box locations must close, and who is required to monitor the drop box locations. See OCGA § 21-2-382 (c) (1)....

Repub. Nat'l Comm. v. Eternal Vigilance Action, Inc. (two Cases) (Ga. 2025).

Published | Supreme Court of Georgia | Jun 10, 2025

...But the rule goes beyond the statute’s provisions and invents new requirements. That is not consistent with — and thus not authorized by — the statute. Accordingly, the Drop Box ID Rule is invalid at step one. (v) Drop Box Surveillance Rule (Rule 183-1-14-.02 (19)) OCGA § 21-2-382 (c) (1) requires the board of registrars or the absentee ballot clerk to “establish at least one drop box as a means for absentee by mail electors to deliver their ballots[.]” Drop boxes are to be located “at the office of the bo...
...Video surveillance may be live-streamed but must be recorded and will be considered part of the election documents and retained as provided in Code Section 21-2-390. Ga. Comp. R. & Regs., r. 183-1-14-.02 (19). The Drop Box Surveillance Rule is consistent with OCGA § 21-2-382 (c) (1) because it merely articulates a uniform method of compliance with requirements that the statute itself imposes. The SEB is authorized to promulgate rules “to obtain uniformity in the practices and proceedings” of election officials, with the important caveat that the rules must be “consistent with” the existing statutory scheme. OCGA § 21-2-31 (1), (2). Although OCGA § 21-2-382 (c) (1) specifies who should be conducting 92 surveillance (i.e., “an election official or his or her designee, law enforcement official, or licensed security guard”), it does not specify how these individuals should monitor drop box locations....
...The Drop Box Surveillance Rule thus serves a necessary gap-filling function and promotes “uniformity” in election procedure by providing a specific method of compliance with the statute. The Plaintiffs argue that the rule is inconsistent with OCGA § 21-2-382 (c) (1) because it requires drop boxes not under surveillance to be taken out of use, which is not, in their view, required by the statute. We disagree. OCGA § 21-2-382 (c) (1) requires that drop boxes remain “closed when advance voting is not being conducted” or “when the advance voting period ends”; the rule merely implements that mandate by requiring drop boxes not under constant surveilla...
...Similarly, by requiring video surveillance, the rule provides clarity and uniformity for the implementation of the statute’s mandate that 93 drop box locations “be under constant surveillance.”30 As for step three, OCGA § 21-2-382 (c) (1), as we construe it today, provides sufficient guidelines to cabin the SEB’s exercise of rulemaking authority. The statute provides guidelines for where drop box locations should be placed, when drop box locations must close, and who is required to monitor the drop box locations. See OCGA § 21-2-382 (c) (1)....