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2018 Georgia Code 21-2-417 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-417 Case Law from Google Scholar Amendments to OCGA 21-2-417

TITLE 21 ELECTIONS

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

ARTICLE 11 PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS

21-2-417. Presentation of identification to poll workers; form of proper identification; swearing of statement when unable to produce proper identification; provisional ballots for those; penalty for false statement under oath.

  1. Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
    1. A Georgia driver's license which was properly issued by the appropriate state agency;
    2. A valid Georgia voter identification card issued under Code Section 21-2-417.1 or other valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector;
    3. A valid United States passport;
    4. A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;
    5. A valid United States military identification card, provided that such identification card contains a photograph of the elector; or
    6. A valid tribal identification card containing a photograph of the elector.
  2. Except as provided in subsection (c) of this Code section, if an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall be allowed to vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector's voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in subsection (a) of this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.
  3. An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector's voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subsection within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.

(Code 1981, §21-2-417, enacted by Ga. L. 1997, p. 662, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 15; Ga. L. 2003, p. 517, § 48; Ga. L. 2005, p. 253, § 59/HB 244; Ga. L. 2006, p. 3, § 2/SB 84.)

The 2006 amendment, effective January 26, 2006, inserted "valid Georgia voter identification card issued under Code Section 21-2-417.1 or other" at the beginning of paragraph (a)(2).

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 109 (2005). For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 145 (2006). For survey article on trial practice and procedure, see 60 Mercer L. Rev. 397 (2008). For article, "Ethics and Professionalism in the Digital Age: Ninth Annual Georgia Symposium on Ethics and Professionalism: A Symposium of the Mercer Law Review: Casenote: Constitutional Burdens on the Right to Vote: Crawford v. Marion County Election Board, Ian McMullen," see 60 Mercer L. Rev. 1007 (2009). For article, "Reasonable Restrictions on the Franchise: Georgia's Voter Identification Act of 2006," see 63 Mercer L. Rev. 1129 (2012). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 114 (2001).

JUDICIAL DECISIONS

Constitutionality.

- In an action by a political party challenging the 2006 Photo ID Act, amending O.C.G.A. § 21-2-417, no voter was disenfranchised by the Act and, therefore, the Act did not violate Ga. Const. 1983, Art. II, Sec. I, Para. III. Democratic Party of Ga., Inc. v. Perdue, 288 Ga. 720, 707 S.E.2d 67 (2011).

In an action by a political party challenging the 2006 Photo ID Act, amending O.C.G.A. § 21-2-417, the photo ID requirement for in-person voting was authorized by Ga. Const. 1983, Art. II, Sec. I, Para. I as a reasonable procedure for verifying that the individual appearing to vote in person was actually the same person who registered to vote. Democratic Party of Ga., Inc. v. Perdue, 288 Ga. 720, 707 S.E.2d 67 (2011).

Equal protection.

- Because it was likely that the voting organizations could prevail on the merits of their claims that the photo identification requirement of O.C.G.A. § 21-2-417 violated the equal protection clause, a preliminary injunction was issued preventing its enforcement or application; many voters with no other ID had no transportation to the service centers, impairments precluded waiting in lengthy lines or an inability to travel during business hours, and thus the requirement would be a hardship for many such voters, making the exercise of the fundamental right to vote extremely difficult, especially affecting the elderly, poor, and African-American voters. Common Cause/GA v. Billups, 406 F. Supp. 2d 1326 (N.D. Ga. 2005).

Court enjoined the enforcement of the photo identification requirement of the 2006 Photo ID Act, codified at O.C.G.A. §§ 21-2-417,21-2-417.1, and40-5-103(d), because the requirement unduly burdened the right to vote in violation of the fourteenth amendment's equal protection clause, at least with respect to the July 18, 2006, primary elections and the corresponding primary run-off elections; the nonprofit organizations and their constituents would have suffered irreparable harm if the court did not grant a preliminary injunction with respect to those elections and, considering the right at issue and the likely injury caused by not entering a preliminary injunction, the threatened harm to the nonprofit organizations outweighed the potential injury to the state and various election officials; finally, entering a preliminary injunction for the elections at issue served the public interest by preserving voting rights. Common Cause/Georgia v. Billups, 439 F. Supp. 2d 1294 (N.D. Ga. 2006).

Permanent injunction barring enforcement of O.C.G.A. § 21-2-417 was properly denied because under the Fourteenth Amendment equal protection clause, the legitimate interest of the state in preventing voter fraud justified the insignificant burden of requiring all voters to present photo identification before the voters voted in person. Common Cause/Georgia v. Billups, 554 F.3d 1340 (11th Cir. 2009), cert. denied, NAACP v. Billups, 556 U.S. 1282, 129 S. Ct. 2770, 174 L. Ed. 2d 271 (2009).

In an action by a political party challenging the 2006 Photo ID Act, amending O.C.G.A. § 21-2-417, the Act did not violate the equal protection clause of Ga. Const. 1983, Art. I, Sec. I, Para. II because the photo ID requirement as implemented was a minimal, reasonable, nondiscriminatory restriction that was warranted by the important regulatory interest of preventing voter fraud. Democratic Party of Ga., Inc. v. Perdue, 288 Ga. 720, 707 S.E.2d 67 (2011).

No standing to challenge constitutionality.

- A plaintiff lacked standing to challenge the constitutionality of the 2006 Photo-ID Act, codified at O.C.G.A. §§ 21-2-417,21-2-417.1 and40-5-103(d), at the time the complaint was filed, and thus the determination that the act violated Ga. Const. 1983, Art. II, Sec. I, Paras. II and III had to be vacated; the plaintiff could have voted in person under O.C.G.A. § 21-2-417 without a photo identification as the plaintiff did not contend that the plaintiff lacked any of the forms of non-photo identification allowed to be shown by first-time voters. Perdue v. Lake, 282 Ga. 348, 647 S.E.2d 6 (2007).

Organization had standing to challenge.

- Civil rights organization had standing under U.S. Const. Art. III to challenge O.C.G.A. § 21-2-417 requiring voters to present photo identification prior to voting in person because the organization suffered a sufficient injury by forcing the organization to divert resources to counteract allegedly illegal acts. Common Cause/Georgia v. Billups, 554 F.3d 1340 (11th Cir. 2009), cert. denied, NAACP v. Billups, 556 U.S. 1282, 129 S. Ct. 2770, 174 L. Ed. 2d 271 (2009).

Preliminary injunction.

- Because it was likely that voting organizations could prevail on the merits of their claims that the photo identification requirement of O.C.G.A. § 21-2-417 violated the twenty-fourth amendment, a preliminary injunction was issued preventing enforcement or application of the requirement; having to buy the photo ID, the cost of which had also increased, placed a cost on voting. Common Cause/GA v. Billups, 406 F. Supp. 2d 1326 (N.D. Ga. 2005).

Invalidation of election reversed on appeal.

- Trial court erred by invalidating an election for sheriff and ordering a new election because the evidence of systemic misconduct for vote buying and alleged wrongful distribution of absentee ballots was speculative and insufficient to support the trial court's conclusion that irregularities cause doubt on the results. Meade v. Williamson, 293 Ga. 142, 745 S.E.2d 279 (2013).

RESEARCH REFERENCES

ALR.

- Constitutionality of requiring presentation of photographic identification in order to vote, 27 A.L.R.6th 541.

Voter identification requirements as denying or abridging right to vote on account of race or color under § 2 of Voting Rights Act, 52 U.S.C.A. § 10301, 12 A.L.R. Fed. 3d 4.

Cases Citing O.C.G.A. § 21-2-417

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Perdue v. Lake, 647 S.E.2d 6 (Ga. 2007).

Cited 36 times | Published | Supreme Court of Georgia | Jun 11, 2007 | 282 Ga. 348, 2007 Fulton County D. Rep. 1810

...she filed her complaint seeking a declaratory judgment that the 2006 Act was unconstitutional to the extent that it placed an improper burden on her right to vote by requiring her to obtain one of six types of photo identification set forth in OCGA § 21-2-417(a). (a) It is undisputed that, on July 3, 2006, Lake, who had moved from Florida to Georgia, qualified as a first-time voter at the polls in this state in accordance with OCGA § 21-2-417(c), which provides, in relevant part: An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one...
...no jurisdiction over that complaint, there is simply no viable document to amend. (b) Moreover, under the facts of this case, Lake also lacked standing because, as of July 3, 2006, she did have a form of photo ID acceptable under the 2006 Act. OCGA § 21-2-417(a)(2) indicates that proper photo identification includes a valid Georgia voter identification card issued under Code Section 21-2-417.1 or other valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector....
...o comply with the regulations set forth in the ADA. This ADA paratransit photo ID, therefore, would qualify as a "valid identification card issued by [an] entity of the State of Georgia . . . authorized by law to issue personal identification." OCGA § 21-2-417(a)(2)....
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Democratic Party of Georgia, Inc. v. Perdue, 707 S.E.2d 67 (Ga. 2011).

Cited 15 times | Published | Supreme Court of Georgia | Mar 7, 2011 | 288 Ga. 720, 2011 Fulton County D. Rep. 522

...Appellant Democratic Party of Georgia, Inc. filed suit against appellees Governor Sonny Perdue, Secretary of State Karen Handel, and the State Election Board seeking a declaratory judgment and permanent injunctive relief against the enforcement of the 2006 amendment to OCGA § 21-2-417, known as the 2006 Photo ID Act ("2006 Act")....
...ying their identity; and it unduly burdens the right to vote in violation of the equal protection clause of the Georgia Constitution, Art. I, Sec. I, Par. II. For the reasons that follow, we affirm. In 1997, the Georgia General Assembly adopted OCGA § 21-2-417 (Ga.L.1997, p....
...662, § 3), which required registered voters in Georgia to identify themselves by presenting one of seventeen forms of photographic or non-photographic identification to election officials as a condition of being admitted to, and allowed to vote at the polls. Former OCGA § 21-2-417(a)....
...That law also allowed a voter who did not have one of the seventeen specified forms of identification to vote by signing a statement under oath swearing or affirming that he or she is the person identified on the elector's certificate. Former OCGA § 21-2-417(b). [1] In an effort to protect against in-person voter fraud, the legislature in 2005 amended OCGA § 21-2-417 (Ga.L.2005, p....
...The defendants in that case appealed to the Eleventh Circuit. During the pendency of that appeal, the Georgia General Assembly repealed the 2005 Act and passed the 2006 Act with identical photo ID requirements for in-person voting and a new Code section, OCGA § 21-2-417.1, which requires the board of registrars in each county to issue a "Georgia voter identification card" containing a photograph of the voter free of charge to registered voters residing in the county who do not have another *70 statutoril...
...able form of identification upon presentation of certain identifying documents. The significant distinction between the 2005 Act and the 2006 Act is that under the 2006 law, the fee charged for a State-approved voter ID card was eliminated. See OCGA § 21-2-417.1....
...y add to or subtract from them. Appellant further posits that the role of the legislature in regulating voting is limited to establishing "minimum residency requirements" and providing for the registration of electors, id., and that in enacting OCGA § 21-2-417(a), the General Assembly exceeded the authority granted to it under the Georgia Constitution....
...The 2006 Act does not deprive any Georgia voter from casting a ballot in any election. A registered voter who does not possess a photo ID and who desires to vote in person can obtain a free photo ID at one or more locations in the county of his or her *73 residence. See OCGA § 21-2-417.1(a)....
...See Franklin, supra at 792, 55 S.E.2d 221 (with regard to voter registration procedures). Alternatively, if a registered voter appears at the polls without a photo ID, that individual may still cast a provisional ballot and have the vote counted upon presentation of an acceptable photo ID within 48 hours. See OCGA § 21-2-417(b)....
...ling precinct. If the citizen did not have one of the seventeen forms of identification, he or she could still cast a regular ballot upon signing an affidavit swearing to his or her identity, subject to a felony conviction for a false swearing. OCGA § 21-2-417(b) (2005)....
...dentification, then he or she is not allowed to cast a regular ballot. Instead, the citizen must cast a provisional ballot at the precinct and then the county registrar must determine within three days whether the citizen is eligible to vote. OCGA §§ 21-2-417(b) (2011); 21-2-419 (2011)....
...laintiffs. Berry v. Perdue, Case No. 06-CV-4751-4. [4] Specifically, this Court held that at the time of filing her complaint, plaintiff, who was a first time voter in Georgia, could have voted in person without the need to show a photo ID (see OCGA § 21-2-417(c)), and that she also possessed a MARTA/ADA photo ID card which was acceptable for voting under OCGA § 21-2-417(a)(2). Thus, she could not demonstrate she was harmed by the statute. Lake, supra. [5] A separate award of attorney fees, not relevant to this appeal, was also affirmed by the Eleventh Circuit. Id. at 1357. [6] OCGA § 21-2-417(a) provides: Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. . . . OCGA § 21-2-417(a)(1) through (6) sets forth the forms of identification considered "proper" to identify the elector at the polling place. OCGA § 21-2-417(b) allows an elector who does not possess a proper form of identification at the poll to cast a provisional ballot, as follows: Except as provided in subsection (c) of this Code section, if an elector is unable to produce any of the items...
...ime period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement. OCGA § 21-2-417(c) prescribes the type of identification sufficient to permit an individual voting for the first time in Georgia, and also allows for a provisional ballot if that individual does not have any form of identification listed in subsection (c)....
...[and] [r]equiring qualified voters to present a specified form of identification . . . functions merely as an election regulation to verify the voter's identity." League of Women Voters of Indiana v. Rokita, 929 N.E.2d 758, 767 (Ind. 2010). [8] OCGA § 21-2-417.1(a) provides: Each county board of registrars shall provide at least one place in the county at which it shall accept applications for and issue Georgia voter identification cards to registered Georgia electors which shall under state law be valid only for purposes of voter identification under Code Section 21-2-417 and available only to registered electors of this state....
...owing the name and address of the elector; a government check or paycheck, or a legible copy thereof, showing the name and address of the elector; or a government document, or a legible copy thereof, showing the name and address of the elector. OCGA § 21-2-417(a)(2005)....
...ority, or other entity of this state; a valid United States military identification card, provided that such identification card contains a photograph of the elector; or a valid tribal identification card containing a photograph of the elector. OCGA § 21-2-417(a) (2011)....
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Spalding Cnty. Bd. of Elections v. McCord, 700 S.E.2d 558 (Ga. 2010).

Cited 9 times | Published | Supreme Court of Georgia | Oct 4, 2010 | 287 Ga. 835, 2010 Fulton County D. Rep. 3177

...In addition, OCGA § 21-2-381(b)(1) was amended to provide that, "[i]n order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one of the forms of identification listed in Code Section 21-2-417." Ga....
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Meade v. Williamson, 293 Ga. 142 (Ga. 2013).

Cited 2 times | Published | Supreme Court of Georgia | Jun 3, 2013 | 745 S.E.2d 279, 2013 Fulton County D. Rep. 1678

...ly mailed to a temporary out-of-county address. The application of Rubye Nell Hall shows on its face that it was an application for advance in-person voting.10 Because it is reasonable to assume that Hall was properly identified, as required by OCGA § 21-2-417, when she cast her absentee ballot in person at the polling place, the fact that her absentee ballot was mailed to an in-county address other than the one reflected on her voter registration record provides no ground for invalidating her...
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Smith v. Long Cnty. Bd. of Elections & Reg., 862 S.E.2d 517 (Ga. 2021).

Cited 1 times | Published | Supreme Court of Georgia | Aug 24, 2021 | 312 Ga. 306

...election, the elector may cure the signature discrepancy by submitting an affidavit to the board of registrars or absentee ballot clerk along with a copy of one of the forms of identification enumerated in subsection (c) of Code Section 21-2-417 before the close of the period for verifying provisional ballots contained in subsection (c) of Code Section 21-2-419 ....