Ga. Comp. R. & Regs. R. 183-1-14-.03 - Provisional Absentee Ballots

(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.

Notes

Ga. Comp. R. & Regs. R. 183-1-14-.03

O.C.G.A. Sec. 21-2-31.

Original Rule entitled "Provisional Absentee Ballots" adopted. F. Oct. 24, 2003; eff. Nov. 13, 2003. November 13, 200336.05