§ 21-2-229 - Challenge of applicant for registration by other electors; notice and hearing; right of appeal
               	 		
O.C.G.A.    21-2-229   (2010)
   21-2-229.    Challenge of applicant for registration by other electors; notice and hearing; right of appeal 
      (a)  Any  elector of a county or municipality may challenge the qualifications of  any person applying to register to vote in the county or municipality  and may challenge the qualifications of any elector of the county or  municipality whose name appears on the list of electors. Such challenges  shall be in writing and shall specify distinctly the grounds of the  challenge.
(b)  Upon such challenge being  filed with the board of registrars, the registrars shall set a hearing  on such challenge. Notice of the date, time, and place of the hearing  shall be served upon the person whose qualifications are being  challenged along with a copy of such challenge and upon the elector  making the challenge. The person being challenged shall receive at least  three days' notice of the date, time, and place of the hearing. Such  notice shall be served either by first-class mail addressed to the  mailing address shown on the person's voter registration records or in  the manner provided in subsection (c) of Code Section 21-2-228.
(c)  The  burden shall be on the elector making the challenge to prove that the  person being challenged is not qualified to remain on the list of  electors. The board of registrars shall have the authority to issue  subpoenas for the attendance of witnesses and the production of books,  papers, and other material upon application by the person whose  qualifications are being challenged or the elector making the challenge.  The party requesting such subpoenas shall be responsible to serve such  subpoenas and, if necessary, to enforce the subpoenas by application to  the superior court. Any witness so subpoenaed, and after attending,  shall be allowed and paid the same mileage and fee as allowed and paid  witnesses in civil actions in the superior court.
(d)  After  the hearing provided for in this Code section, the registrars shall  determine said challenge and shall notify the parties of their decision.  If the registrars uphold the challenge, the person's application for  registration shall be rejected or the person's name removed from the  list of electors, as appropriate. The elector shall be notified of such  decision in writing either by first-class mail addressed to the mailing  address shown on the person's voter registration records or in the  manner provided in subsection (c) of Code Section 21-2-228 for other  notices.
(e)  Either party shall have a  right of appeal from the decision of the registrars to the superior  court by filing a petition with the clerk of the superior court within  ten days after the date of the decision of the registrars. A copy of  such petition shall be served upon the other parties and the registrars.  Unless and until the decision of the registrars is reversed by the  court, the decision of the registrars shall stand.