GEORGIA CONSTITUTION OF 1976
(text as ratified by Georgia voters on November 2, 1976)

 

 

 

ARTICLE II.

ELECTIVE FRANCHISE

SECTION I.

QUALIFICATIONS AND DISABILITIES OF ELECTORS.

Paragraph I. Elections by Ballot; Registration of Voters. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law.

Paragraph II. Who Shall Be An Elector Entitled to Register and Vote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State.

Paragraph III. Qualifications of Electors. Every citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Paragraph I of section II of this Article, and who possesses the qualifications prescribed in Paragraph II of sections I and II of this Article or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph.

1. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or,

2. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any of the registrars.

SECTION II.

REGISTRATION REQUIREMENTS AND APPEALS.

Paragraph I. Registration of Electors; Who Disfranchised. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons.

Paragraph II. Residence Requirements to Register and Vote. The General Assembly shall provide by law for the durational residence requirements necessary to register and vote at any election by the people except that no person shall be entitled to register and vote unless he shall have resided in the State at least thirty (30) days immediately preceding the election at which he seeks to vote.

Paragraph III. Appeal from Decision of Registrars. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph III of section I of this Article shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of the superior court to be tried as other appeals.

Paragraph IV. Judgment of Force Pending Appeal. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.

SECTION III.

GENERAL PROVISIONS

Paragraph I. Privilege of Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.

Paragraph II. Holder of Public Funds. No person who is the holder of any public money, contrary to law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury.

Paragraph III. Write-in Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general election of county officers, to the Judge of the Probate Court of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State.

Paragraph IV. Returns Made to Whom. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.

Paragraph V. Sale of Liquors on Election Days. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in the area in which such election is held and prescribed punishment for any violation of the same.

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