Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.
ARTICLE 11
PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS
21-2-431. Execution of voter's certificate; procedure upon qualification of elector; elector unable to sign name; voting outside precinct of residence; registration as prerequisite to voting.
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At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his or her voter's certificate shall sign his or her name or initials on the voter's certificate and shall, if the voter's signature is not readily legible, print such voter's name under his or her signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list and shall enter the number of the stub of the ballot issued to him or her, or his or her number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his or her name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.
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If any elector was unable to sign his or her name at the time of registration or if, having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer.
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Except as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote at any primary or election at any polling place outside the precinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct.
(Ga. L. 1894, p. 115, § 2; Civil Code 1895, § 40; Civil Code 1910, § 40; Code 1933, § 34-110; Code 1933, § 34-1316, enacted by Ga. L. 1969, p. 308, § 17; Ga. L. 1979, p. 962, § 2; Ga. L. 1982, p. 1512, § 5; Ga. L. 1994, p. 1443, § 6; Ga. L. 1998, p. 295, § 1; Ga. L. 2006, p. 888, § 7/HB 1435.)
The 2006 amendment,
effective January 1, 2007, deleted ", upon which the facts as to such disability shall be noted and attested by the signature of such poll officer" at the end of subsection (b).
Editor's notes.
- Ga. L. 1994, p. 1443,
§
28, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval [April 15, 1994] for the purpose of authorizing the Secretary of State to design and distribute such forms and materials and to develop, procure, and install such computer hardware and software as are required under the provisions of this Act and to exercise such administrative authority as such officer deems necessary and proper for the implementation of this Act. For all other purposes, this Act shall become effective January 1, 1995."
JUDICIAL DECISIONS
Cited in
Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
OPINIONS OF THE ATTORNEY GENERAL
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.
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Elections,
§
308.
C.J.S.
- 29 C.J.S., Elections,
§§
63, 65, 67, 316.