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Ga. Const. art. II, § I, ¶ I — Method of voting | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE II. VOTING AND ELECTIONS

Paragraph I. Method of voting.

Elections by the people shall be by secret ballot and shall be conducted in accordance with procedures provided by law.

1976 Constitution.

- Art. II, Sec. I, Para. I.

Cross references.

- Voting by paper ballot generally, § 21-2-280 et seq.

Law reviews.

- For article, "Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks," see 67 Emory L.J. 545 (2018).

JUDICIAL DECISIONS

Standing to sue.

- Election candidate and chairman of county board of elections lacked standing to complain about alleged violations of a voter's constitutional rights under Ga. Const. 1983, Art. II, Sec. I, Para. I and the fifth amendment to the United States Constitution. Hammill v. Valentine, 258 Ga. 603, 373 S.E.2d 9 (1988).

Methods of voting.

- Nothing in Ga. Const. 1983, Art. II, Sec. I, Para. I limits voting to some method or methods under which each voter indicates his or her choice or choices on a separate piece of paper issued to him or her for that purpose because it contemplates that the legislature shall provide a method, or methods, of voting at elections in such a way that not even those who count or tabulate the votes will know how any particular voter voted; those portions of direct recording electronic equipment which store and count the number of votes do not vitiate the nature of elections as "by the people" but simply take the place of ballot boxes and human counters. Favorito v. Handel, 285 Ga. 795, 684 S.E.2d 257 (2009).

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).

Cited in Jones v. Darby, 174 Ga. 71, 161 S.E. 835 (1931); Lloyds Am. v. Brown, 187 Ga. 240, 200 S.E. 292 (1938); Ledger-Enquirer Co. v. Brown, 213 Ga. 538, 100 S.E.2d 166 (1957); Mathew v. Ellis, 214 Ga. 665, 107 S.E.2d 181 (1959).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, §§ 1 et seq., 97 et seq., 191 et seq., 26 Am. Jur. 2d, Elections, § 239 et seq.