Rule 183-1-14-.12. Eligibility of Application for Absentee Ballot

1. (1) The application for an absentee ballot shall be in writing on the form made available by the Secretary of State and shall contain sufficient information for proper identification of the elector. To be deemed sufficient, an application for an absentee ballot must contain the elector's name, date of birth, address as registered, address where elector wishes the ballot to be mailed, the number of his or her driver's license or identification card issued pursuant to Article 5 of chapter 5 of Title 40 or other allowable identification, and the signature of the applicant.

   1. (a) In the case of the elector making such application for an absentee ballot, the application shall contain the signature of such elector.
   2. (b) In the case of a relative making an application on behalf of an elector pursuant to O.C.G.A. § 21-2-381(a)(1)(B), the application shall contain the signature of the elector's relative as well as the relationship of the relative to the elector.

2. (2) Web-based tools or applications that allow people who are otherwise eligible to request absentee ballots in Georgia (i.e., voters or eligible family members) by entering personal information into the web-based tool or application by the voter or eligible family member to partially complete the absentee ballot application described in section (1) of this rule are permitted. However, confidential voter information entered into these web-based tools or applications shall not be stored, sold, distributed by any entity or person, nor used for any commercial purposes. If a person gives express written consent, non-confidential voter information may be securely stored by the entity or person but shall not be sold or used by any entity or person for any commercial purposes.

   1. (a) For the purposes of this rule, "confidential voter information" means any field contained in the absentee ballot application that is not made available for public inspection pursuant to applicable law, including but not limited to O.C.G.A. § 21-2-225, including, but not limited to, (1) the driver's license or state identification card number and (2) the voter's month and day of birth.

3. (3) Any application for an absentee ballot sent to any voter by any person or entity (except applications sent by the election superintendent or registrar at the request of the elector) shall display the following disclaimer on the space provided on the application for such disclaimer:

   "This is NOT an official government publication and was NOT provided to you by any government entity and this is NOT a ballot. It is being distributed by [insert name and address of person, organization, or other entity distributing such document or material]."

   1. (a) The disclaimer required in section (a) of this rule shall be:

      1. i. Sufficient font size to be clearly readable by the recipient of the communications.

         1. 1. A disclaimer in twelve (12)-point type satisfies the size requirement.
      2. ii. Be contained in a printed box set apart from the other contents of the communications.

      3. iii. Be printed with a reasonable degree of color contrast between the background and printed disclaimer.

         1. 1. A disclaimer satisfies the color contrast requirement if it is printed in white text on a black background or if the degree of contrast between the background color and the disclaimer text color is at least as great as the degree of contrast between the background color and the color of the largest text in the communication.

Note: Correction of non-substantive typographical error in subparagraph (5)(a)(iii)1., period added at the end of sentence (i.e., after "communication"), as requested by the Agency. Effective November 10, 2021.

Authority: O.C.G.A. §§ 21-2-31, 21-2-381.

History. Original Rule entitled "Eligibility of Application for Absentee Ballot" adopted. F. Dec. 28, 2015; eff. Jan. 17, 2016.

Amended: F. Jan. 23, 2020; eff. Feb. 12, 2020.

Amended: F. Sep. 22, 2021; eff. Oct. 12, 2021.

Amended: F. Nov. 1, 2021; eff. Nov. 21, 2021.