Compilation of Rules and Regulations of the State of Georgia
Department 183 - RULES OF STATE ELECTION BOARD
Chapter 183-1 - GEORGIA ELECTION CODE
Subject 183-1-6 - REGISTRATION OF ELECTORS
Rule 183-1-6-.03 - Rules and Regulations for Voter Registration by Registrars and Deputy Registrars
Universal Citation: GA Rules and Regs r 183-1-6-.03
Current through Rules and Regulations filed through March 20, 2024
(1) Intent and Purpose.
(a) These rules are promulgated pursuant to
the authority granted the State Election Board by Georgia Laws 1984, p. 1430,
(O.C.G.A. Section
21-2-215(f)) and
by Georgia Laws 1968, p. 862, (O.C.G.A. Section
21-2-31). It is the intent of the
State Election Board to increase the level of participation in the elective
process in the State of Georgia by encouraging the registration of voters
within the State. It is the intent and purpose of the State Election Board,
within the parameters of the law, to make voter registration in Georgia as
convenient and as easy as practicable while retaining the necessary controls to
prevent abuse of the system and fraud in the elective process. To this end, the
State Election Board has promulgated these rules and regulations.
(b) Nothing in this rule shall be construed
to prohibit any voter registration activity that is permitted pursuant to the
National Voter Registration Act of 1993,
42 U.S.C. §§
1973 gg et seq., or any
other federal or state law or regulation.
(c) Rules and regulations governing voter
registration by private entities are provided in a separately numbered rule
within this Chapter.
(2) Criteria for Appointment of Deputy Registrars. The board of registrars in each county may appoint deputy registrars to aid them in the discharge of their duties. The number of deputy registrars appointed to serve shall be determined by the board of registrars.
(a) Deputy registrars appointed by each
county board of registrars shall meet the following qualifications:
1. be a registered voter in the State of
Georgia;
2. be able to read, write
and speak the English language;
3.
have legible handwriting unless the voter registration applications are to be
completed by typewriter or electronic means;
4. satisfactorily complete such training as
shall be required by the board of registrars;
5. not have been convicted of a felony or of
any crime involving fraud or moral turpitude;
6. not be a candidate for nomination or
election to any office except as allowed by O.C.G.A. §
21-2-214; and
7. not have been removed as a deputy
registrar for improper conduct in the performance of the duties of deputy
registrar.
(b) Deputy
registrars shall not engage in political activity on behalf of a candidate,
political party or body, or question while actually conducting the duties of
their office. While conducting the duties of their office, each person serving
as a deputy registrar shall wear a badge or display identification which shall
state no more than the person's name and the fact that the person is a deputy
registrar of the county. There shall be available for inspection, upon request
to verify the authority of the persons involved, the names of the authorized
deputy registrars serving at the site.
(c) The following activities shall subject a
deputy registrar to immediate revocation of appointment as a deputy registrar:
1. registering voters at unapproved sites,
times, and hours, including door to door registration;
2. intoxication while on duty;
3. falsification of registration
records;
4. improper handling of
registration applications;
5.
engaging in any communication, wearing badges, buttons, or clothing that
advocates or criticizes a particular candidate, office holder, political party
or body, or ballot question while on duty, such as making verbal statements and
distributing campaign literature. However, deputy registrars shall identify
themselves as deputy registrars of the county by wearing the badges or
displaying the identification described in paragraph (b) above; and
6. failure to appear or remain at the deputy
registrar's assigned site at or during the assigned hours without adequate
notice to the board of registrars or without a proper replacement.
(3) Criteria for Establishment of Additional Voter Registration Places:
(a) The Board of Registrars, in addition to
its main office, may designate other fixed places throughout the county as
would be reasonably necessary to receive applications for registration and for
the registration of electors.
(b)
Such additional registration places shall be located in facilities which are
open to and frequented by the general public. No place shall be used as an
additional registration place unless the general public is freely admitted
without regard to race, color, creed, religion, gender, or national
origin.
(c) Churches which are open
to all persons and which are, in fact, attended for any purpose by persons who
are not members of the church shall be considered to be open to and frequented
by the general public.
(d) The
offices or facilities of community, civic, service, social, civil rights,
patriotic, fraternal, and labor organizations shall be considered to be open to
and frequented by the general public if non members of the organization in fact
attend various activities sponsored by the organization at its offices and
facilities and such offices or facilities are open to all persons. However,
offices or facilities of political parties, political bodies or candidates
shall not be used as additional voter registration places.
(e) The fact that a facility is used
primarily or exclusively by the general public of one race or ethnic group or
socioeconomic group shall not, for that reason alone, bar its designation as a
registration place.
(f) When
employers or business owners request the use of their place of business as a
registration place, registration shall be conducted only in that part of the
place of business which is open to the general public. Such part of the place
of business shall be considered to be open to and frequented by the general
public if it is an area which is maintained for use by the general public and
is known to serve the general public for the purpose of conducting business or
engaging in other transactions with the business.
(g) Organizations, employers, offices, and
businesses that register voters at their facilities shall not limit
registration to their members, employees, or customers, but must register any
qualified applicant.
(h)
Registration of voters shall be prohibited in places where alcoholic beverages
are sold and consumed on the same premises.
(i) No registration of voters shall take
place where criminal activities are permitted to occur.
(j) Registration places may be established on
a temporary or permanent basis. Permanent places are those which operate on a
fixed schedule for an indefinite period of time. Temporary places are those
which operate on a temporary schedule and, among other things, may be used in
voter registration drives.
1. The deputy
registrars appointed by the board of registrars who staff registration places
may be unpaid volunteers, employees of the board of registrars, or employees of
government offices or of private businesses.
(k) Persons acting as individuals or as
representatives of organizations and businesses may request the establishment
of additional voter registration places. The board of registrars shall consider
such requests.
1. If the request is approved,
the board of registrars shall make provisions for having a deputy registrar who
has been appointed by the board of registrars available at the additional voter
registration places at all times which have been designated by the board of
registrars and which have been precleared by the United States Department of
Justice for the purpose of voter registration. The board of registrars shall
inform such persons that registration may be conducted only at such times as
are designated by the board of registrars, precleared by the United States
Department of Justice, and advertised as required by law.
(l) The board of registrars shall retain the
ultimate responsibility for the submission of additional registration places,
dates, and times to the United States Department of Justice for preclearance
pursuant to the Voting Rights Act of 1965 and for the advertising of
registration places as required by law. The board of registrars shall also
retain the ultimate responsibility for the appointment and training of deputy
registrars, the proper conduct of voter registration, and the security of
completed registration applications; but the board of registrars may use deputy
registrars to assist them in carrying out these duties.
(m) The board of registrars shall instruct
deputy registrars in the law and procedure for registration prior to the
administration of the oath of office to the deputy registrars. Such training
shall include the duties and obligations of deputy registrars, the proper
completion of registration applications, the proper security of registration
applications, the protection of the integrity of the registration process, and
the taking of oaths of registrants and the procedures for appeal upon rejection
of the applications for registration.
(n) The Secretary of State shall provide the
board of registrars of each county manuals for the use of deputy registrars
which include simple instructions on the rules and procedures for the proper
conduct of voter registration. The form and content of these manuals shall be
determined by the Secretary of State. The board of registrars shall provide
each deputy registrar with a copy of the manual.
(o) In order to ensure that the same degree
of supervision and security provided at the main office of the board of
registrars to prevent voter registration irregularities is maintained for the
additional voter registration places, the following rules shall apply:
1. Except as provided in this rule, completed
registration applications may be maintained by registrars and deputy registrars
only:
(i) at the additional voter registration
place during the hours of operation;
(ii) in transit to the main office of the
board of registrars;
(iii) at the
main office of the board of registrars;
(iv) at permanent additional voter
registration places overnight but not beyond the end of the next business day;
and
(v) at sites mandated as voter
registration sites under O.C.G.A. §
21-2-221 and
21-2-222but not longer than the
time permitted under those Code sections.
2. Notwithstanding any provision of this rule
to the contrary, a valid registration application that is timely received by
the Secretary of State or the registrars shall be accepted.
(p) The board of registrars should
identify and establish additional voter registration places where the public
congregates for commerce, recreation, worship, education, employment, and other
such purposes which are most likely to facilitate registration and suit the
convenience of the general public throughout the county. These places should be
open at hours to suit the convenience of the general public including times
other than the regular hours of the main office of the board of
registrars.
(q) Wherever
practicable, the Board of Registrars should fully utilize federal, state,
county, and municipal offices located within the county which are open during
regular business hours and other hours for the purpose of taking voter
registration applications.
(r) All
additional voter registration sites which are staffed by volunteer deputy
registrars shall have prominently displayed a sign, placard, or banner which
shall state that voter registration at that location is being conducted under
the authority of the Board of Registrars of the county or, in counties in which
the duties of the Board of Registrars are performed by Boards of Election, the
county Board of Elections. If the volunteer deputy registrars are provided by
an organization, club, or other group, the sign, placard, or banner may also
identify the organization, club, or group providing the volunteer deputy
registrars. The language contained on the sign, placard, or banner shall
conform substantially to the following: "Voter registration at this location is
being conducted under the authority of the Board of (Registrars or Elections)
of____________County. The volunteer deputy registrars at this location are
provided by ___________________."
O.C.G.A. Secs. 21-2-31, 21-2-218.
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