Compilation of Rules and Regulations of the State of Georgia › Department 183 - RULES OF STATE ELECTION BOARD › Chapter 183-1 - GEORGIA ELECTION CODE › Subject 183-1-14 - ABSENTEE VOTING › Rule 183-1-14-.03 - Provisional Absentee Ballots

Current through Rules and Regulations filed through June 27, 2024
(1) Except as otherwise provided by O.C.G.A.
				§
									21-2-220(c), when
				the registrars receive a request for an absentee ballot from a voter who
				registered to vote for the first time in this state by mail and has not
				provided the identification required by O.C.G.A. §
									21-2-220, the registrars shall
				process the request in the same manner as other requests for absentee ballots.
				If the voter is found to be eligible to vote by absentee ballot, the registrars
				shall issue a ballot to the voter and mark the outer oath envelope with the
				code "IR." In addition to the information concerning how to vote the ballot,
				the registrars shall also enclose with the absentee ballot instructions on
				providing proper identification and in accessing the free access system to
				determine if the ballot was counted as required by O.C.G.A. §
									21-2-418(e) and
				(f).
(2) When an absentee ballot is received from
				a voter who registered to vote for the first time in this state by mail and has
				not provided the identification required by O.C.G.A. §
									21-2-220, except as otherwise
				provided by O.C.G.A. §
									21-2-220(c), the
				registrars shall process the ballot as other absentee ballots returned by
				voters. If the ballot is accepted by the registrars but the voter has not
				provided the required identification, the ballot shall be treated as a
				provisional ballot and shall be held separate and apart from the other absentee
				ballots. The registrars shall maintain a numbered list of provisional absentee
				ballots.
(3) If an absentee voter
				whose ballot has been accepted but treated as a provisional ballot for failure
				to provide the required identification provides the required identification
				prior to the close of the polls on the day of the election, the voter's ballot
				shall be treated as a regular absentee ballot and the voter shall be switched
				from the numbered list of provisional absentee voters to the numbered list of
				regular absentee voters.
(4) As
				soon as practicable after 12:00 Noon on the day of the primary, election, or
				runoff, the registrars shall begin to deliver all accepted regular and
				provisional absentee ballots to the absentee ballot precinct in accordance with
				law. The provisional absentee ballots shall be retained by the poll officers at
				the absentee ballot precinct or tabulating center, as the case may be, unopened
				and shall not be counted. The provisional absentee ballots shall be placed in a
				secure container for provisional ballots and shall be transferred to the
				election superintendent with the other absentee ballots and election materials
				from the absentee ballot precinct or tabulating center, as the case may
				be.
(5) If, by the end of the
				period set by law for the verification of provisional ballots, the registrars
				receive the required identification from an absentee voter who failed initially
				to provide the required identification, then the registrars shall notify the
				election superintendent to count the ballot of such voter in the same manner as
				other verified provisional ballots from the polls. If the registrars do not
				receive the required identification from such absentee voter by the end of the
				period set by law for the verification of provisional ballots, the registrars
				shall notify the election superintendent to not count the ballot and the ballot
				shall remain unopened and sealed and shall be retained in accordance with law
				with the other provisional ballots which the registrars did not verify for
				counting.
O.C.G.A. Sec.
				  21-2-31.