2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 6 - Registration of Voters
§ 21-2-234. Electors Who Have Failed to Vote and With Whom There Has Been No Contact in Three Years; Confirmation Notice Requirements and Procedure; Time for Completion of List Maintenance Activities

1. 1. As used in this Code section and Code Section 21-2-235, the term "no contact" shall mean that the elector has not filed an updated voter registration card, has not filed a change of name or address, has not signed a petition which is required by law to be verified by the election superintendent of a county or municipality or the Secretary of State, has not signed a voter's certificate, has not submitted an absentee ballot application or voted an absentee ballot, and has not confirmed the elector's continuation at the same address during the preceding five calendar years.
   2. In the first six months of each odd-numbered year, the Secretary of State shall identify all electors whose names appear on the list of electors with whom there has been no contact during the preceding five calendar years and who were not identified as changing addresses under Code Section 21-2-233. The confirmation notice described in this Code section shall be sent to each such elector during each odd-numbered year. Such notices shall be sent by forwardable, first-class mail.
2. When mailings to electors whose names appear on the list of electors, including, but not limited to, acknowledgments under Code Section 21-2-226, are returned undeliverable by the United States Postal Service, the confirmation notice described in this Code section shall be sent to such electors.
3. The confirmation notice shall be a postage prepaid, preaddressed return card on which an elector may state such elector's current address and which also includes a notice which states substantially the following:
   1. If the elector has not changed addresses or has changed addresses within the county or municipality in which the elector is currently registered, the elector must return the card with the updated information, if any, within 30 days after the date of the notice; and
   2. If the card is not returned within 30 days after the date of the notice, the elector's name shall be transferred to the inactive list of electors provided for in Code Section 21-2-235.
4. If the elector returns the card and shows that he or she has changed residence to a place outside of the State of Georgia, the elector's name shall be removed from the appropriate list of electors.If the elector confirms his or her change of address to an address outside of the boundaries of the county or municipality in which the elector is currently registered, but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality.The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located, and the registrars of the county of the new address shall update the voter registration list to reflect the change of address.
5. If the elector returns the card and states that the elector has changed residences within the county or municipality in which the elector is currently registered, the elector shall remain on the list of electors, the registration records shall be corrected to reflect such new address, and a new voter identification card shall be issued pursuant to Code Section 21-2-226.
6. If such elector returns the card and confirms that such elector continues to reside at the current address at which such elector is registered, the fact of such confirmation shall be recorded and the elector shall remain on the list of electors.
7. If the elector fails to return the card within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235.
8. Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote.
9. List maintenance activities pursuant to this Code section and Code Section 21-2-233 shall be completed not later than 90 days prior to a general primary or general election for federal offices or a presidential preference primary. This subsection shall not apply to notices sent pursuant to subsection (b) of this Code section.

(Code 1981, §21-2-234, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1; Ga. L. 1996, p. 26, § 1; Ga. L. 1997, p. 649, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2017, p. 697, § 12/HB 268; Ga. L. 2019, p. 7, § 11/HB 316.)

The 2017 amendment, effective July 1, 2017, substituted the present provisions of subsection (d) for the former provisions, which read: "If the elector returns the card and shows that he or she has changed residence to a place outside of the boundaries of the county or municipality in which the elector is currently registered, the elector's name shall be removed from the appropriate list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote.".

The 2019 amendment, effective April 2, 2019, substituted "five" for "three" near the end of paragraph (a)(1) and in the first sentence of paragraph (a)(2) and inserted "has not submitted an absentee ballot application or voted an absentee ballot," in the middle of paragraph (a)(1).

- For article, "Black and White Make Gray: Common Cause v. Kemp, What's the Trigger for Purging Voters?," see 69 Mercer L. Rev. 947 (2018). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).