Georgia HB 1109: Elections; certain driver's licenses and identification cards shall not be proper identification for presentation to a poll worker; provide

Bill Text

26LC 47 3831
House Bill 1109
By: Representatives Byrd of the 20
th
, Kahaian of the 81
st
, Dunahoo of the 31
st
, and Barrett
of the 24
th
 
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to
1
presentation of proper identification to poll workers, swearing of statement when unable to2
produce, use of provisional ballots, and penalty for false swearing, so as to provide that3
certain  driver's  licenses  and  identification  cards  shall  not  be  proper  identification  for4
presentation to a poll worker; to amend Article 2 of Chapter 5 of Title 40 of the Official Code5
of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to6
require the term "BEARER NOT A U.S. CITIZEN - NOT VOTER ID" to be included on7
certain licenses, permits, and special identification cards; to require that certain license,8
permit, or special identification card numbers be appended with the prefix "NC" to reflect9
that such cards are held by noncitizens; to provide for duties of the Department of Driver10
Services; to provide for related matters; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation14
of proper identification to poll workers, swearing of statement when unable to produce, use15
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26LC 47 3831
of provisional ballots, and penalty for false swearing, is amended by revising subsection (a)
16
as follows:17
"(a)(1)  Except as provided in subsection (c) of this Code section, each elector shall18
present proper identification to a poll worker at or prior to completion of a voter's19
certificate at any polling place and prior to such person's admission to the enclosed space20
at such polling place.21
(2)  Proper identification required under paragraph (1) of this subsection shall consist:22
(A)  Consist of any one of the following:23
(1)(i)  A Georgia driver's license in a physical format which was properly issued by24
the Department of Driver Services, except as provided for in subparagraph (B) of this25
paragraph;26
(2)(ii)    A  valid  Georgia  voter  identification  card  issued  under  Code  Section27
21-2-417.1 or other valid identification card issued by a branch, department, agency,28
or entity of the State of Georgia, any other state, or the United States authorized by29
law to issue personal identification, provided that such identification card contains a30
photograph  of  the  elector,  except  as  provided  for  in  subparagraph  (B)  of  this31
paragraph;32
(3)(iii)  A valid United States passport;33
(4)(iv)  A valid employee identification card containing a photograph of the elector34
and  issued  by  any  branch,  department,  agency,  or  entity  of  the United  States35
government, this state, or any county, municipality, board, authority, or other entity36
of this state;37
(5)(v)    A  valid  United  States  military  identification  card,  provided that  such38
identification card contains a photograph of the elector; or39
(6)(vi)  A valid tribal identification card containing a photograph of the elector; and40
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26LC 47 3831
(B)  Not consist of a driver's license or special identification card issued to a noncitizen,
41
including, but not limited to, a driver's license or identification card issued pursuant to42
Code Section 40-5-21.1."43
SECTION 2.44
Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to45
issuance, expiration, and renewal of licenses, is amended in Code Section 40-5-21.1, relating46
to  temporary  licenses,  permits,  or  special  identification  cards,  foreign  licenses  or47
identification cards as evidence of legal presence in the United States, and extensions, by48
revising subsection (a) and adding new subsections to read as follows:49
"(a)  Notwithstanding any other provision of this title, an applicant who may be issued a50
temporary license, permit, or special identification card if such applicant presents in person51
valid documentary evidence of:52
(1)  Admission to the United States in a valid, unexpired nonimmigrant status;53
(2)  A pending or approved application for asylum in the United States;54
(3)  Admission into the United States in refugee status;55
(4)  An approved application for temporary protected status in the United States;56
(5)  Approved deferred action status;57
(6)  Other federal documentation verified by the United States Department of Homeland58
Security to be valid documentary evidence of lawful presence in the United States under59
federal immigration law; or60
(7)  Verification of lawful presence as provided by Code Section 40-5-21.261
may be issued a temporary license, permit, or special identification card.62
(a.1)  Any Such temporary license, permit, or special identification card issued pursuant63
to subsection (a) of this Code sectio