2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 10 - Absentee Voting
§ 21-2-380. "Absentee Elector" Defined; When Reason for Absentee Ballot Not Required
- As used in this article, the term "absentee elector" means an elector of this state or a municipality thereof who casts a ballot in a primary, election, or runoff other than in person at the polls on the day of such primary, election, or runoff.
- An elector who votes by absentee ballot shall not be required to provide a reason in order to cast an absentee ballot in any primary, election, or runoff.
(Code 1933, § 34-1401, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 15; Ga. L. 1969, p. 329, § 17a; Ga. L. 1971, Ex. Sess., p. 61, § 9; Ga. L. 1979, p. 955, § 7; Ga. L. 1982, p. 1512, § 5; Ga. L. 1984, p. 1, § 8; Ga. L. 1987, p. 465, § 1; Ga. L. 1989, p. 1084, § 1; Ga. L. 1995, p. 417, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 35; Ga. L. 2005, p. 253, § 50/HB 244; Ga. L. 2008, p. 448, § 1/SB 387; Ga. L. 2010, p. 914, § 17/HB 540.)
Cross references.- Right of persons hospitalized for mental illness, mental retardation, alcoholism, or other disabilities to vote by absentee ballot, §§ 37-3-144,37-4-104 and37-7-144.
Administrative Rules and Regulations.- Absentee ballot envelope; definition of advanced age; use of symbols, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.01.
JUDICIAL DECISIONS
For a history of O.C.G.A. § 21-2-380, see Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
Construction of subsection (a).
- Subsection (a) of O.C.G.A. § 21-2-380 cannot be construed to require electors to have a specific reason to vote by absentee ballot. Thus, based on the legislative enactments as of December 2009, subsection (a) was rendered nugatory by the time of the 2009 run-off election. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
Construction.
- Plain language of O.C.G.A. § 21-2-381(b) requires that election officials verify the eligibility of absentee voters by one and only one criterion, their identification, and because O.C.G.A. §§ 21-2-380(b) and21-2-381 are the later enacted statutes and reflect the General Assembly's repeated enactments over the past seven years to expand the scope and ease of absentee voting, the clear language of O.C.G.A. §§ 21-2-380(b) and21-2-381 must control. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
Impact of 2010 amendment.
- General Assembly amended O.C.G.A. § 21-2-380 to formally delete the six reasons for absentee voting. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
Electors not required to have reason to vote by absentee ballot.
- Trial court erred in invalidating a runoff election for a seat on a city board of commissioners on the ground that under O.C.G.A. § 21-2-380(b) electors could vote by absentee ballot without stating whether the electors had one of the six reasons specified by O.C.G.A. § 21-2-380(a), but the electors had to have one of those reasons to be eligible to cast an absentee ballot because, at the time of the 2009 election, electors were not required to have a reason to vote by absentee ballot, and O.C.G.A. § 21-2-380(a) had been rendered nugatory by the time of the runoff election; O.C.G.A. § 21-2-380(a) cannot be construed to require electors to have a specific reason to vote by absentee ballot. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 34-1335 and 34-3301, are included in the annotations for this Code section.
Election manager cannot take ballot to voter unable to go to polls.- An election manager in a primary election may not take a ballot to the home or place of business of a voter who is unable to go to the polls. 1945-47 Op. Att'y Gen. p. 255 (decided under former Code 1933, § 34-3301).
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 (decided under former Code 1933, § 34-1335).
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Elections, §§ 333, 336.
C.J.S.- 29 C.J.S., Elections, § 345 et seq.
