2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 6 - Registration of Voters
§ 21-2-215. Main Office of Board of Registrars; Location; Business Hours; Additional Registration Places; Educators to Serve as Deputy Registrars; Training; Registration Cards and Papers

1. For the purpose of taking and processing applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed in the main office of the board of registrars.
2. In those counties in which the registrars have a main office separate from other county offices, the main office shall be in the courthouse or other public building at the county site. In those counties in which the registrars do not have an office separate from other county offices, the office of the chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal business hours shall be deemed to be the main office of the board of registrars.
3. The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The main office, or such other offices, shall be open at such designated times other than the normal business hours as shall reasonably be necessary to facilitate registration and at such other hours as will suit the convenience of the public.
4. The board of registrars may designate additional registration places throughout the county on a temporary or permanent basis. These additional offices for registration will have fixed hours of operation. All voter registration places shall be places open to the general public and frequented by the general public. Such places for temporary or permanent voter registration may include, but shall not be limited to, any of the following: churches, synagogues, governmentally funded and managed public housing facilities, public social agencies, public child care centers, public recreation centers, public buildings and shopping centers, multifamily apartment complexes, child care centers, and educational facilities, provided that such places are in fact open to and frequented by the general public.
5. Additional registration places and the hours of operation shall be advertised in a newspaper of general circulation in the county or in the form of a public service announcement on radio or television one or more times at least three days prior to the first day for registration.
6. The State Election Board shall adopt rules and regulations setting forth criteria governing the selection of voter registration places in conformity with the provisions of subsection (d) of this Code section. Boards of registrars shall not adopt rules nor utilize procedures inconsistent with such rules and regulations adopted by the State Election Board; provided, however, that nothing contained in this subsection shall supersede the ultimate authority of local boards in selecting additional voter registration sites.
7. Each principal or assistant principal of every public or private high school, the president of every public or private college or university, the president of each state supported technical institute in this state, and the designee of such principal, assistant principal, college or university president, or state supported technical institute president shall be a deputy registrar of the county in which the school, college, university, or institute is located for the purpose of receiving voter registration applications from those qualified applicants who are enrolled students within the principal's school or the president's college, university, or institute or who are employed by the private high school, the school system, the college or university, or the state supported technical institute, notwithstanding the fact that such students or employees are not residents of the county in which the school, college, university, or institute is located. Such principals, assistant principals, presidents, and their designees shall inform their students and employees of the availability of such voter registration and shall provide reasonable and convenient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the president of each state supported technical institute are authorized to invite other deputy registrars to the school, college, university, or institute for the purpose of conducting voter registration. All such deputy registrars authorized by this subsection shall receive annual training by the board of registrars of the county in which such deputy registrar shall work.
8. The completed registration cards in the custody of the board of registrars and the other papers of the board of registrars shall be secured and maintained in the main office of the board of registrars, with the exception that completed registration cards may be retained temporarily at permanent additional voter registration places established under this Code section but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day. However, in counties in which a computer system for the electronic imaging of the entire voter registration card or the signature of the voter is operational and permits the registrars to view the signature of the voter electronically, the completed registration cards may be stored in a secure area outside of the main office of the board of registrars, provided that such cards may be retrieved within a reasonable time in the event that the actual card is needed. The electronic image of the voter's signature may be used by the registrars in the same manner as the original signature on the voter registration card to verify absentee ballot applications, absentee ballots, petitions, and other documents which require the registrars to compare the signature of the voter on the document to the signature on the voter's registration card.
9. The board of registrars shall enter into the state-wide voter registration system credit for voting by qualified electors to the Secretary of State within 60 days of a primary or election for the purpose of maintaining the list of electors and voter history.

(Code 1981, §21-2-215, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 14; Ga. L. 2005, p. 253, § 23/HB 244.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34-610 and former Code Section 21-2-218 are included in the annotations for this Code section.

- Registrar may only conduct registration of electors within the registrat's county for residents of that county. 1980 Op. Att'y Gen. No. 80-63 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

- The Georgia Election Code does not contemplate the registration of electors by having the registration official move from house to house for the purpose of registering voters. 1965-66 Op. Att'y Gen. No. 66-163 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

- The discretion formerly given a chief registrar in designating places for registration did not specify that the registrar had uncontrolled discretion; thus, the registrar's designations could be based upon the purpose for which the power existed, the chief purpose being that of registering voters. 1971 Op. Att'y Gen. No. 71-168 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

- Registration of electors and the other functions performed by the registrars were not administrative services but were official functions; therefore, the main office for registration of electors had to be located at the county site, with additional offices located elsewhere in the county as permitted by former Code. 1974 Op. Att'y Gen. No. 74-25 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

- County registrars could not lawfully establish a place outside the county which they used for the purpose of receiving and acting upon applications for registration of voters. 1975 Op. Att'y Gen. No. 75-148 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Words "offices" or "other fixed places" in former § 21-2-218 could not be read so as to restrict the physical characteristics of additional voter registration places. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

If office of county board of registrars was staffed only on part-time basis and was not open during regular office hours on each business day, except Saturday, the office of the tax collector or tax commissioner was to be designated the main office of the board of registrars and the records of the board of registrars was to be maintained in the office of the tax collector or tax commissioner. 1985 Op. Att'y Gen. No. U85-13 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Church could be used as a place for voter registration provided the church was open to the general public and frequented by such. A church was open to, and frequented by, the general public if it was open to all worshipers and was frequented by worshipers who were not members of the church's congregation. 1980 Op. Att'y Gen. No. U80-38 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Supervision and security for additional offices had to be of same degree as, but not necessarily exactly the same as, that which was provided for main office. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Location and operation of additional voter registration places had to strictly comply with the former requirements of former Chapter 2 concerning supervision and security. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

- Former Code 1933, § 34-610 permitted the board of registrars of a county to extend the statutory minimum office hours for registration of voters to include hours on Sundays. 1980 Op. Att'y Gen. No. 80-82 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

- With respect to additional voter registration places, blank registration cards could be only (1) at main office; (2) in transit to additional voter registration place; (3) at additional voter registration place, and then after hours of operation, (4a) if voter registration place had same degree of supervision and security as main office, at said additional voter registration site overnight, or, (4b) if requisite supervision and security was unable to be maintained overnight at additional voter registration place, then, in transit back to main office until such time as they were issued again. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Completed registration cards could be (1) at additional voter registration place during times at which registration was taking place, (2) in transit to main office, and, finally, (3) at main office. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Because all registration cards had to be kept in places for registration and because completed registration cards had to be kept in main office of registrars, neither blank nor completed registration cards could be kept at any time in anyone's private home. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Blank registration cards could not be issued to an office but had to be issued to deputy registrars, and could not be removed from a registration office. 1978 Op. Att'y Gen. No. 78-39 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

- Though it was illegal to maintain voter registration lists and polling places on segregated basis, voter registration cards had to be maintained in manner most conducive to administrative convenience. 1962 Op. Att'y Gen. p. 225 (decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, § 177 et seq.

- 29 C.J.S., Elections, §§ 59, 70, 73.

- Waiver of privilege against or nonliability to arrest in civil action, 8 A.L.R. 754.