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2006 Georgia Code - 21-2-384
21-2-384. (a)(1) The superintendent must, at least 45 days
prior to any general primary or general election other than a
municipal general primary or general election, and at least 21 days
prior to any municipal general primary or general election,
prepare, obtain, and deliver an adequate supply of official
absentee ballots to the board of registrars or absentee ballot
clerk for use in the primary or election. Envelopes and other
supplies as required by this article may be ordered by the
superintendent, the board of registrars, or the absentee ballot
clerk for use in the primary or election. (2) The board of registrars or absentee ballot
clerk shall, within two days after the receipt of such ballots and
supplies, mail or issue official absentee ballots to all eligible
applicants. As additional applicants are determined to be eligible,
the board or clerk shall mail or issue official absentee ballots to
such additional applicants immediately upon determining their
eligibility; provided, however, that no absentee ballot shall be
mailed by the registrars or absentee ballot clerk on the day prior
to a primary or election and provided, further, that no absentee
ballot shall be issued on the day prior to a primary or
election. (3) The date a
ballot is voted in the registrarśor
absentee ballot clerḱs
office or the date a ballot is mailed to an elector and the date it
is returned shall be entered on the application record
therefor. (4) The delivery of
an absentee ballot to a person confined in a hospital may be made
by the registrar or clerk on the day of a primary or election or
during a five-day period immediately preceding the day of such
primary or election. (5) In
the event an absentee ballot which has been mailed by the board of
registrars or absentee ballot clerk is not received by the
applicant, the applicant may notify the board of registrars or
absentee ballot clerk and sign an affidavit stating that the
absentee ballot has not been received. The board of registrars or
absentee ballot clerk shall then issue a second absentee ballot to
the applicant and cancel the original ballot issued. The affidavit
shall be attached to the original application. A second application
for an absentee ballot shall not be required. (b) In addition to the mailing envelope, the
superintendent, board of registrars, or absentee ballot clerk shall
provide two envelopes for each official absentee ballot, of such
size and shape as shall be determined by the Secretary of State, in
order to permit the placing of one within the other and both within
the mailing envelope. On the smaller of the two envelopes to be
enclosed in the mailing envelope shall be printed the words
'Official Absentee Ballot' and nothing else. On the back of the
larger of the two envelopes to be enclosed within the mailing
envelope shall be printed the form of oath of the elector and the
oath for persons assisting electors, as provided for in Code
Section 21-2-409, and the penalties provided for in Code Sections
21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths;
and on the face of such envelope shall be printed the name and
address of the board of registrars or absentee ballot clerk. The
mailing envelope addressed to the elector shall contain the two
envelopes, the official absentee ballot, and the uniform
instructions for the manner of preparing and returning the ballot,
in form and substance as provided by the Secretary of State and
nothing else. The uniform instructions shall include information
specific to the voting system used for absentee voting concerning
the effect of overvoting or voting for more candidates than one is
authorized to vote for a particular office and information
concerning how the elector may correct errors in voting the ballot
before it is cast including information on how to obtain a
replacement ballot if the elector is unable to change the ballot or
correct the error. (c)(1) The
oaths referred to in subsection (b) of this Code section shall be
in substantially the following form: I, the undersigned, do swear (or affirm) that I
am a citizen of the United States and of the State of Georgia; that
my residence address is __________ County, Georgia; that I possess
the qualifications of an elector required by the laws of the State
of Georgia; that I am entitled to vote in the precinct containing
my residence in the primary or election in which this ballot is to
be cast; that I am eligible to vote by absentee ballot; that I have
not marked or mailed any other absentee ballot, nor will I mark or
mail another absentee ballot for voting in such primary or
election; nor shall I vote therein in person; and that I have read
and understand the instructions accompanying this ballot; and that
I have carefully complied with such instructions in completing this
ballot. I understand that the offer or acceptance of money or any
other object of value to vote for any particular candidate, list of
candidates, issue, or list of issues included in this election
constitutes an act of voter fraud and is a felony under Georgia
law.
____________________
Electoŕs Residence
Address
____________________
Month and Day of
Electoŕs Birth
________________________
Signature or Mark of Elector
Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electoŕs absentee ballot as such elector personally communicated such electoŕs preference to me; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________ _________.
________________________
Signature of Person Assisting
Elector -- Relationship Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector requires assistance due to physical disability. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary, election, or runoff in which there is no federal candidate on the ballot. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection. (d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 5:00 P.M. on the day before the primary or election.
____________________
Electoŕs Residence
Address
____________________
Month and Day of
Electoŕs Birth
________________________
Signature or Mark of Elector
Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electoŕs absentee ballot as such elector personally communicated such electoŕs preference to me; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________ _________.
________________________
Signature of Person Assisting
Elector -- Relationship Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector requires assistance due to physical disability. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary, election, or runoff in which there is no federal candidate on the ballot. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection. (d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 5:00 P.M. on the day before the primary or election.
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