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2006 Georgia Code - 21-2-265
21-2-265. (a) The superintendent of a county or the
governing authority of a municipality shall select and fix the
polling place within each precinct and may, either on his, her, or
its own motion or on petition of ten electors of a precinct, change
the polling place within any precinct. Except in case of an
emergency or unavoidable event occurring within ten days of a
primary or election, which emergency or event renders any polling
place unavailable for use at such primary or election, the
superintendent of a county or the governing authority of a
municipality shall not change any polling place until notice of the
proposed change shall have been published for once a week for two
consecutive weeks in the legal organ for the county or municipality
in which the polling place is located. Additionally, on the first
election day following such change, a notice of such change shall
be posted on the previous polling place and at three other places
in the immediate vicinity thereof. The occupant or owner of the
previous polling place, or his or her agent, shall be notified in
writing of such change at the time notice is published in the legal
organ. (b) Except in case of
an emergency or unavoidable event occurring within ten days of a
primary or election, which emergency or event renders any polling
place unavailable for use, if a petition is presented to the
superintendent of a county or the governing authority of a
municipality on or before the day set for hearing of the petition
for change of a polling place, signed by 20 percent of the electors
of the precinct objecting to the proposed change, such change shall
not be ordered. (c) In
primaries, the superintendent of a county or the governing
authority of a municipality in selecting and fixing the polling
place in each precinct shall select a polling place which will
provide adequate space for all parties conducting their primaries
therein. (d) The
superintendent of a county or the governing authority of a
municipality, in selecting and fixing a polling place in each
precinct, shall select, if practicable, a polling place with
suitable and appropriate access for disabled electors. If no such
practicable locations exist within the precinct, the superintendent
of a county or the governing authority of a municipality may effect
temporary modifications to such existing locations as will, in his
or her or its judgment, provide more convenient and appropriate
access to the polling place by the disabled elector. No polling
place shall be selected or used under any circumstances which does
not have suitable and appropriate access for persons with
disabilities for the purpose of voting; and any person, whether or
not personally aggrieved, may bring an action for mandamus to
require that all polling places in the county or municipality have
suitable and appropriate access for persons with disabilities for
the purpose of voting. (e)
The superintendent may establish the polling place for a precinct
outside the boundaries of the precinct if there is no suitable
facility within the precinct which could be used as a polling place
and if, by so doing, such polling place would better serve the
needs of the voters.
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