When an absentee ballot which has been voted shall be returned to and received by the board of registrars, it shall be deemed to have been voted then and there; and no other ballot shall be issued to the same elector. If an elector has requested to vote by absentee ballot and has not received such absentee ballot, has such ballot in his or her possession, has not yet returned such ballot, or has returned such ballot but the registrars have not received such ballot, such elector may have the absentee ballot canceled and vote in person on the day of the primary, election, or runoff in one of the following ways:
History. Code 1933, § 34-1409, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1974, p. 71, § 12; Ga. L. 1981, p. 1718, § 9; Ga. L. 1982, p. 1512, § 5; Ga. L. 1994, p. 1406, § 23; Ga. L. 1997, p. 590, § 33; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 544, § 5/SB 194; Ga. L. 2019, p. 7, § 33/HB 316.
The 2019 amendment, effective April 2, 2019, inserted “has not yet returned such ballot,” in the middle of the second sentence of the introductory language; in paragraph (2), in the first sentence, inserted “, has not yet returned the ballot,” near the beginning, inserted “the managers of the elector’s precinct,” and inserted a comma following “registrars” in the middle, in the second sentence, inserted “and confirming that the elector’s absentee ballot has not yet been received by the board of registrars” in the middle, in the third sentence, inserted “, has not yet been returned,” near the middle, and added the fourth sentence.
Administrative rules and regulations.
Spoiled absentee ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.06.
Voted absentee ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.09.
Law reviews.
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).
Structure Georgia Code
Chapter 2 - Elections and Primaries Generally
§ 21-2-380. “Absentee Elector” Defined; When Reason for Absentee Ballot Not Required
§ 21-2-380.1. Appointment of Absentee Ballot Clerk
§ 21-2-381.2. State Write-in Absentee Ballot for Certain Electors
§ 21-2-385. Procedure for Voting by Absentee Ballot; Advance Voting
§ 21-2-385.1. Preferential Treatment for Older and Disabled Voters