Paragraph a constitutional guaranty of rights of suffrage.

- This paragraph amounts to a constitutional guaranty of the rights of suffrage, which, though subject to reasonable regulation, cannot be absolutely denied or taken away. King v. County Bd. of Educ., 174 Ga. 685, 164 S.E. 52 (1932).

Authority of General Assembly to pass registration laws.

- This paragraph clearly indicates that the General Assembly is authorized to enact laws for the registration of electors. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950).

Action in federal court for injunction against state violated eleventh amendment to the United States Constitution.

- In an action in which voting rights organizations, as well as individuals, sought an injunction to restrain the state from attempting to enforce the photo ID requirement imposed by HB 244, the State of Georgia was the real party in interest, and the plaintiffs' claim that HB 244 violated two sections of the Georgia Constitution clearly was a cause of action against a state for alleged violations of state law, and was barred by the eleventh amendment. Common Cause/GA v. Billups, 406 F. Supp. 2d 1326 (N.D. Ga. 2005).

Exclusion of black voters qualified and offering to vote at municipal election rendered it void. Howell v. Pate, 119 Ga. 537, 46 S.E. 667 (1904).

No standing to challenge constitutionality.

- Plaintiff lacked standing to challenge the constitutionality of the 2006 Photo-ID Act 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).

Right of suffrage is a political right, as compared with a property or civil right. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950).

Power of General Assembly to prescribe how qualifications determined.

- Where the state Constitution provides who shall be entitled to vote, the legislature cannot take from or add to the qualification unless the power is granted expressly or by necessary implication. However, the legislature has a wide latitude in determining how the qualifications required by the Constitution may be determined, provided it does not deny the right of franchise by making the exercise of such right so difficult or inconvenient as to amount to a denial of the right to vote. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950).

Legislature may prescribe additional grounds of qualification for voters in municipal elections, not inconsistent with those stated in the Constitution. Harris v. McMillan, 186 Ga. 529, 198 S.E. 250 (1938).

Fact that citizen who meets one of several tests provided by Constitution had to register or reregister does not deprive the citizen of the citizen's right of suffrage, but is only a reasonable regulation under which the right may be exercised. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950).

Duties other than mere citizenship to qualify as voter.

- Even one who has established citizenship, which is broad enough to include both residence and domicile within a county, must perform other public duties such as registration before one is a qualified voter. Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930).

Neither residence nor domicile, standing alone, furnishes qualifications for privilege of voting. Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930).

No person whose name appears upon list of registered voters is entitled to vote if that person is otherwise disqualified, as by nonpayment of taxes, nonresidence, etc. Smith v. Board of Educ., 174 Ga. 735, 164 S.E. 41 (1932).

County commissioners have power to pay out of general county funds costs of county registrars in preparing lists of voters. Howell v. Bankston, 181 Ga. 59, 181 S.E. 761 (1935).

Allegation of residence not equivalent to allegation of status as voter.

- The allegation that defendant is a resident within a city and an independent school district is not the equivalent of an allegation that the defendant is a voter of such independent school district. Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930).

Presence of name on list of registered voters only prima facie evidence of qualification.

- While the list of registered voters furnished to the managers of the election by the county registrars absolutely controls them, and while they have no power to allow one to vote whose name is not on the list, or to refuse anyone the right to vote whose name is on the list, this does not require and permit that in the case of a contest the votes of persons otherwise disqualified to vote should be counted; but, on the contrary, such votes should be rejected. Such list of registered voters is only prima facie evidence that they are otherwise qualified to vote. Smith v. Board of Educ., 174 Ga. 735, 164 S.E. 41 (1932).

Requirements of residence in subdivisions such as voting precincts or districts are regulated by statute. Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930).

State has right to close registration lists before election.

- A state durational residence requirement for voting is violative of U.S. Const., amend. 14. However, a state has the right to close its registration lists at some time prior to the day of election. This closing is not for the purpose of establishing any durational residence requirement, but for administrative purposes such as purging names, preparing election district voter's lists, and other similar tasks. Abbott v. Carter, 356 F. Supp. 280 (N.D. Ga. 1972).

Refusal to count elector's vote is tantamount to refusal to allow the elector to cast it. Thompson v. Willson, 223 Ga. 370, 155 S.E.2d 401 (1967).

Voter cannot be restricted to choice between names on ballot.

- Elector has the right to write on the ballot any person the elector wishes to vote for, and cannot be restricted to a choice between those whose names are provided on the ballot. Thompson v. Willson, 223 Ga. 370, 155 S.E.2d 401 (1967).

Restriction of power of General Assembly to regulate voting.

- While the General Assembly has the power to prescribe the method of exercising the corporate power of a municipality, nevertheless, if it does so by authorizing voting procedures it cannot limit the vote of an elector so as to deprive the voter, of the right to vote. Thompson v. Willson, 223 Ga. 370, 155 S.E.2d 401 (1967).

Municipal ordinances requiring registration violate paragraph.

- City laws requiring the registration of voters at municipal elections are in conflict with this paragraph. McMahon v. Mayor of Savannah, 66 Ga. 217, 42 Am. R. 65 (1880).

Constitutionality of School Superintendent election statute.

- The provision in Ga. L. 1919, p. 288, § 147 (see former O.C.G.A. § 20-2-101), which read in part, "provided, if there is in this county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in the election for the county superintendent," was not unconstitutional upon the ground that it was in conflict with this paragraph. Bower v. Avery, 172 Ga. 272, 158 S.E. 10 (1931).

So much of Ga. L. 1919, p. 288, § 147 (see now O.C.G.A. § 20-2-101) as declared that, "if there is in this county one or more independent school systems not under the supervision of the county superintendent, the voters of such independent system or systems shall not vote in the election for the county superintendent," was not violative of this paragraph. Olliff v. Hendrix, 172 Ga. 497, 158 S.E. 11 (1931).

County commissioners have power to pay out of general county funds costs of county registrars in preparing "lists of voters." Howell v. Bankston, 181 Ga. 59, 181 S.E. 761 (1935).

Cited in Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930); Overton v. Gandy, 170 Ga. 562, 153 S.E. 520 (1930); Briscoe v. Between Consol. Sch. Dist., 171 Ga. 820, 156 S.E. 654 (1931); Jones v. Darby, 174 Ga. 71, 161 S.E. 835 (1931); Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943); Griffin v. Trapp, 205 Ga. 176, 53 S.E.2d 92 (1949); Wittke v. Horne's Enters., Inc., 118 Ga. App. 211, 162 S.E.2d 898 (1968); Turner v. Fouche, 396 U.S. 346, 90 S. Ct. 532, 24 L. Ed. 2d 567 (1970); Marchman v. State, 132 Ga. App. 677, 209 S.E.2d 88 (1974).

Registration form requesting racial identification.

- Registration to vote may not be conditioned upon an applicant supplying the applicant's race on a registration application, though race may be requested as an optional part of the registration process. 1995 Op. Att'y Gen. No. 95-35.

Question of moving residence one of fact.

- Once a person has established one's legal residence under this paragraph, then the question as to whether or not that person has removed their residence is a question of fact, of which intention is the principal determining factor. 1957 Op. Att'y Gen. p. 129.

Elector cannot be disenfranchised simply by loss of the elector's voter registration card by county officials; an elector whose name appears on an electors' list, and who is not disqualified, must be allowed to vote in future elections. 1973 Op. Att'y Gen. No. 73-58.

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, §§ 1 et seq., 50 et seq, 196 et seq. 26 Am. Jur. 2d, Elections, § 239 et seq.

C.J.S.

- 29 C.J.S., Elections, § 25 et seq.

ALR.

- State voting rights of residents of federal military establishment, 34 A.L.R.2d 1193.

Validity of absentee voters' laws, 97 A.L.R.2d 218.

Residence of students for voting purposes, 44 A.L.R.3d 797.