O.C.G.A.

O.C.G.A. § 37-4-104 (2019)

Clients’ right to vote

✓ 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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Each client in a facility who is eligible to vote shall be given his right to vote in primary, special, and general elections and in referendums. The superintendent or regional state hospital administrator of each facility shall permit and reasonably assist clients: (1) To obtain voter registration forms, applications for absentee ballots, and absentee ballots; (2) To comply with other requirements which are prerequisite for voting; and (3) To vote by absentee ballot if necessary.

History

Code 1933, § 88-2503.9, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1995, p. 10, § 37; Ga. L. 2002, p. 1324, § 1-19.

Annotations

Cross references. - Right to elective

franchise generally, U.S. Const., amend. 15; Ga. Const. 1983, Art. II, Sec. I, Para. III; and § 1-2-6. Absentee voting, § 21-2-380 et seq.

OPINIONS OF THE ATTORNEY GENERAL Right of the mentally retarded to vote generally. - There is no statutory or constitutional provision which would permit removal of an elector from the electors’ list on the ground that the elector

is mentally retarded. In fact, under O.C.G.A. § 37-4-104, the contrary is true with respect to those mentally retarded electors receiving treatment. 1981 Op. Att’y Gen. No. 81-11.