GA Regs. 183-1-6-.06 - Verification of United States Citizenship of Applicants for Voter Registration
(1) On and after January 1, 2010, an
application for registration to vote shall be accompanied by satisfactory
evidence of United States citizenship.
(2) Satisfactory evidence of citizenship
shall include any of the following:
(a)
Verified Georgia Driver's License Number or Identification Card Number or Out
of State Driver's License or Identification Card.
1. An applicant may provide as satisfactory
evidence of citizenship, the number of the applicant's driver's license or
identification card issued by the Georgia Department of Driver Services, upon
verification by the Secretary of State that the applicant has provided
satisfactory evidence of United States citizenship to the Georgia Department of
Driver Services.
2. An applicant
may provide as satisfactory evidence of citizenship, the applicant's driver's
license or identification card, or legible photocopy thereof, issued by a state
driver's license agency of another state equivalent to the Georgia Department
of Driver Services, or a legible photocopy thereof, if such agency indicates on
the driver's license or identification card that the applicant has provided
satisfactory evidence of United States citizenship to such agency.
(b) Birth Certificate.
1. An applicant's birth certificate, or a
legible photocopy thereof, is satisfactory evidence of citizenship so long as
the birth certificate shows that the applicant was born within the United
States. In the event that the birth certificate contains a different first,
middle, or last name from the name contained on the application for
registration, the board of registrars shall require additional supporting legal
documentation to establish that the applicant is the same individual as the
individual identified on the birth certificate, including but not limited to a
marriage certificate or court order confirming change of name.
2. A Certificate of Birth Abroad, or legible
photocopy thereof, obtained by a United States citizen when such individual
registers with the Department of State in the event such individual is born
abroad in a non-military installation, shall be accepted and treated as a birth
certificate.
(c) United
States Passport.
1. An applicant's United
States passport, or a legible photocopy of pages of the applicant's United
States passport which contain the passport number, name, nationality, date of
birth, place of birth, and signature, shall serve as satisfactory evidence of
citizenship.
(d) United
States Naturalization Documents or Verified Alien Registration Number.
1. An applicant may provide the board of
registrars with the applicant's United States Certificate of Naturalization
issued by the United States Citizenship and Immigration Services.
(i) Registrars and deputy registrars who
attend naturalization ceremonies may assist new citizens in registering to
vote. In such event, the registrar or deputy registrar shall examine the
applicant's United State Certificate of Naturalization and initial and date the
application for registration. If applicants from outside the county apply at
the ceremony, the registrar or deputy registrar conducting the voter
registration activities shall bundle the registrations by county and send them
to the appropriate county board of registrars with an official cover letter
stating that all naturalization documents were verified by the registrar or
deputy registrar. A county that receives applications in this manner shall
accept the applications without requiring further evidence of citizenship from
the applicant.
2. If
only the alien registration number from naturalization documents is provided
for citizenship purposes, the applicant shall not be found eligible to vote
until the applicant's alien registration number is verified with the United
States Citizenship and Immigration Services by the Secretary of State utilizing
the Systematic Alien Verification for Entitlements program.
(e) Documents or methods of proof
that are established pursuant to the federal Immigration Reform and Control Act
of 1986 (P. L. 99-603).
(f) Bureau
of Indian Affairs Card Number, Tribal Treaty Card Number, or Tribal Enrollment
Number.
(g) Other Documents and
Methods of Proof.
1. Applicants who do not
have any of the documents enumerated in subparagraphs (g)(2)(A) through (F) of
O.C.G.A. Section
21-2-216 and who are residents of
this State and United States citizens may provide any of the following as
satisfactory evidence of United States citizenship:
(i) Certificate of Citizenship issued by the
United States Immigration and Naturalization Service;
(ii) Consular Report of Birth Abroad of a
Citizen of the United States of America;
(iii) Certification of Report of Birth issued
by the United States Department of State;
(iv) United States Citizen Identification
card;
(v) American Indian Card
issued by the United States Department of Homeland Security with the
classification code "KIC";
(vi)
Final adoption decree showing the applicant's name and United States
birthplace;
(vii) Evidence of the
applicant's civil service employment by the United States government before
June 1976;
(viii) An official
United States military record of service showing a United States place of
birth;
(ix) A Northern Mariana
Identification Card issued by the United States Immigration and Naturalization
Service; or
(x) Extract of United
States hospital record of birth created at the time of the person's birth
indicating a United States place of birth.
2. If the applicant cannot obtain any of the
documents described in subparagraphs (g)(2)(A) through (F) of O.C.G.A. Section
21-2-216 and (g)1. above, the applicant may request a hearing for the board of
registrars to review other evidence of the applicant's United States
citizenship. The board of registrars shall schedule a hearing to review such
evidence provided by applicants at least once per month and on the last day to
verify provisional ballots for any election pursuant to O.C.G.A. Section
21-2-419. The hearing shall be
conducted as follows:
(i) The board of
registrars shall give the applicant at least three days' written notice of the
date, time, and place of the hearing. Where a person casts a provisional ballot
in a primary or election because the applicant had not supplied satisfactory
evidence of United States citizenship but the application had not been rejected
by the board of registrars, notice of the date, time, and place of the hearing
must be provided at the polling place, which hearing shall be held on the last
day to verify provisional ballots for any primary or election pursuant to
O.C.G.A. Section
21-2-419.
(ii) The applicant may, but need not, be
present during the hearing.
(iii)
The board of registrars shall determine whether the evidence provided by the
applicant is satisfactory evidence of the applicant's United State s
citizenship. In making such a determination, the board of registrars shall
consider the totality of the evidence presented.
(iv) If created at least 5 years before the
application for registration and showing a United States place of birth, the
following documents may be considered by the board of registrars in determining
whether an applicant has provided satisfactory evidence of United States
citizenship:
(I) Life or health or other
insurance record;
(II) Federal or
state census record;
(III)
Institutional admission papers from a nursing home, skilled nursing care
facility or other institution;
(IV)
Medical (clinical, doctor, or hospital) record;
(V) Seneca Indian tribal census
record;
(VI) Bureau of Indian
Affairs tribal census records of the Navajo Indians;
(VII) United States State Vital Statistics
official notification of birth registration;
(VIII) Amended or delayed United States
public birth record amended more than 5 years after the person's
birth;
(IX) Statement signed by the
birth physician or midwife who was in attendance at the time of birth;
or
(X) If other forms of
documentation cannot be obtained, documentation may be provided at the hearing
by written affidavit, signed under penalty of perjury, from two citizens, one
of whom cannot be related to the person in question, who have specific
knowledge of event(s) establishing the applicant's United States citizenship
status. The applicant or another knowledgeable individual must also submit an
affidavit stating why the documents are not available. Such affidavits are only
expected to be used in rare circumstances.
3. The board of registrars may accept legible
copies of documents bearing on United States citizenship received via United
States Mail, facsimile, electronic mail, personal delivery, or other
means.
4. Having a Social Security
card or being a member of the United States military is not, in and of itself,
sufficient evidence that an individual is a United States citizen.
(3) If an application
for registration is completed in person at the board of registrars' office or
other registration place and the applicant provides satisfactory evidence of
citizenship at that time, the registrar or deputy registrar shall indicate on
the voter registration application:
(a) That
the person provided satisfactory evidence of citizenship,
(b) The type of evidence of citizenship
provided, and
(c) The initials of
the registrar or deputy registrar who made the verification.
(4) If an applicant fails to
supply satisfactory evidence of citizenship with the application for
registration, the board of registrars shall, within 10 days of receipt of the
application, notify the applicant of the failure to present satisfactory
evidence of United States citizenship as follows:
(a) The board of registrars shall send the
notice by nonforwardable, first-class mail to the mailing address listed on the
application and shall inform the applicant of the missing information and that
the application will be rejected if satisfactory evidence of United States
citizenship is not provided to the board of registrars within 30 days following
the sending of the notice.
(b) If
the applicant does not provide satisfactory evidence of United States
citizenship to the board of registrars within 30 days of the sending of the
notice, the board of registrars shall reject the application and shall
immediately notify the applicant of the rejection in writing by nonforwardable,
first-class mail at the mailing address listed on the application.
(c) If the initial application is received
prior to the close of voter registration prior to a primary or election and the
primary or election occurs within 30 days following the sending of the notice,
the applicant may supply satisfactory evidence of United States citizenship on
or prior to the date of the election. If the applicant supplies satisfactory
evidence of United States citizenship and is found eligible to vote, the
applicant shall be added to the list of electors and shall be permitted to vote
in the election and any run-off elections resulting therefrom and subsequent
elections.
(5) The board
of registrars shall not determine the eligibility of an applicant unless and
until satisfactory evidence of United States citizenship is supplied by the
applicant.
(6) United States
citizenship question on application for registration.
(a) Regardless of whether an applicant
provides satisfactory evidence of United States citizenship, if such applicant
fails to answer the question on the application for registration asking,"Are
you a citizen of the United States of America?", the registration shall be
considered incomplete until the board of registrars obtains a completed
application. The registrar shall return a copy of the application by letter
sent by nonforwardable, first-class mail and request that the applicant
complete the question by answering "Yes" or "No" to the question regarding
United States citizenship. For the purpose of voter registration, an
appropriate indicator includes marking a check mark in the box, placing "X" in
the box, circling the box, shading the box, or any other method involving the
"Yes" box that indicates the applicant is a citizen of the United
States.
(b) If the citizenship box
is marked "No", the board of registrars shall reject the application and shall
immediately notify the applicant of the rejection in writing by nonforwardable,
first-class mail at the mailing address listed on the application.
Notes
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