2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 7 - Precincts and Polling Places
§ 21-2-265. Duty of Superintendent to Select Polling Places; Change; Petition Objecting to Proposed Change; Space for Political Parties Holding Primaries; Facilities for Disabled Voters; Selection of Polling Place Outside Precinct to Better Serve Voters; Restriction on Changing Polling Place on or Near Date of Election

1. 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.
2. 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.
3. 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.
4. 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.
5. On and after January 1, 2018, 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; provided, however, that no polling place shall be established outside of the boundaries of the precinct within 90 days of a primary or election, and the superintendent shall submit a report to the State Election Board to demonstrate that there is no suitable facility within the precinct prior to establishing the polling place outside the boundaries of the precinct.
6. A polling place shall not be changed on a day in which a primary, election, or runoff is held, or during the 60 day period prior to any general primary or general election or runoff from such primary or election, nor shall a polling place be changed in the 30 day period prior to any special primary or special election or runoff from such special primary or special election, except, in the discretion of the superintendent, when an emergency or event occurs during such time period which renders the polling place unavailable for use at such general primary, general election, special primary, special election, or runoff.

(Code 1933, § 34-705, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 8; Ga. L. 1978, p. 812, § 1; Ga. L. 1980, p. 1256, § 1.1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1995, p. 1302, §§ 14, 15; Ga. L. 1996, p. 26, § 1; Ga. L. 1996, p. 101, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 8, 32; Ga. L. 2001, p. 240, § 20; Ga. L. 2006, p. 888, § 2/HB 1435; Ga. L. 2017, p. 697, § 13/HB 268; Ga. L. 2019, p. 7, § 14/HB 316.)

The 2017 amendment, effective July 1, 2017, in subsection (e), substituted "On and after January 1, 2018, the" for "The" at the beginning, and added the proviso at the end.

The 2019 amendment, effective April 2, 2019, added subsection (f).

- Access to and use of public buildings and facilities by physically handicapped persons generally, T. 30, C. 3.

- Accessibility for elderly and disabled voters, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Registration of Electors, § 183-1-6-.04.

Precincts, changes in boundaries, notification of electors, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Election Districts and Polling Places, § 183-1-7-.01.

- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code Section 21-3-163 are included in the annotations for this Code section.

- Two or more polling places within one election district (now precinct) would not be authorized by the Georgia Election Code. 1968 Op. Att'y Gen. No. 68-63.

- The governing authority of a municipality is not required to establish a polling place in each district from which a candidate is elected to office, but must establish a polling place in each precinct in the municipality. 1985 Op. Att'y Gen. No. U85-14 (decided under former § 21-3-163).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 305.

- 29 C.J.S., Elections, §§ 147, 331.