§ 21-2-230 - Challenge of persons on list of electors by other electors; procedure; hearing; right of appeal
               	 		
O.C.G.A.    21-2-230   (2010)
   21-2-230.    Challenge of persons on list of electors by other electors; procedure; hearing; right of appeal 
      (a)  Any  elector of the county or municipality may challenge the right of any  other elector of the county or municipality, whose name appears on the  list of electors, to vote in an election. Such challenge shall be in  writing and specify distinctly the grounds of such challenge. Such  challenge may be made at any time prior to the elector whose right to  vote is being challenged voting at the elector's polling place or, if  such elector cast an absentee ballot, prior to 5:00 P.M. on the day  before the election; provided, however, that challenges to persons  voting by absentee ballot in person at the office of the registrars or  the absentee ballot clerk whose vote is cast on a DRE unit must be made  prior to such person's voting.
(b)  Upon the  filing of such challenge, the board of registrars shall immediately  consider such challenge and determine whether probable cause exists to  sustain such challenge. If the registrars do not find probable cause,  the challenge shall be denied. If the registrars find probable cause,  the registrars shall notify the poll officers of the challenged  elector's precinct or, if the challenged elector voted by absentee  ballot, notify the poll officers at the absentee ballot precinct and, if  practical, notify the challenged elector and afford such elector an  opportunity to answer.
(c)  If the  challenged elector appears at the polling place to vote, such elector  shall be given the opportunity to appear before the registrars and  answer the grounds of the challenge.
(d)  If  the challenged elector does not cast an absentee ballot and does not  appear at the polling place to vote and if the challenge is based on  grounds other than the qualifications of the elector to remain on the  list of electors, no further action by the registrars shall be required.
(e)  If  the challenged elector cast an absentee ballot and it is not practical  to conduct a hearing prior to the close of the polls and the challenge  is based upon grounds other than the qualifications of the elector to  remain on the list of electors, the absentee ballot shall be treated as a  challenged ballot pursuant to subsection (e) of Code Section 21-2-386.  No further action by the registrars shall be required.
(f)  If  the challenged elector does not cast an absentee ballot and does not  appear at the polling place to vote and the challenge is based on the  grounds that the elector is not qualified to remain on the list of  electors, the board of registrars shall proceed to hear the challenge  pursuant to Code Section 21-2-229.
(g)  If  the challenged elector cast an absentee ballot and the challenge is  based upon grounds that the challenged elector is not qualified to  remain on the list of electors, the board of registrars shall proceed to  conduct a hearing on the challenge on an expedited basis prior to the  certification of the consolidated returns of the election by the  election superintendent. The election superintendent shall not certify  such consolidated returns until such hearing is complete and the  registrars have rendered their decision on the challenge. If the  registrars deny the challenge, the superintendent shall proceed to  certify the consolidated returns. If the registrars uphold the  challenge, the name of the challenged elector shall be removed from the  list of electors and the ballot of the challenged elector shall be  rejected and not counted and, if necessary, the returns shall be  adjusted to remove any votes cast by such elector. The elector making  the challenge and the challenged elector may appeal the decision of the  registrars in the same manner as provided in subsection (e) of Code  Section 21-2-229.
(h)  If the challenged  elector appears at the polls to vote and it is practical to conduct a  hearing on the challenge prior to the close of the polls, the registrars  shall conduct such hearing and determine the merits of the challenge.  If the registrars deny the challenge, the elector shall be permitted to  vote in the election notwithstanding the fact that the polls may have  closed prior to the time the registrars render their decision and the  elector can actually vote, provided that the elector proceeds to vote  immediately after the decision of the registrars. If the registrars  uphold the challenge, the challenged elector shall not be permitted to  vote and, if the challenge is based upon the grounds that the elector is  not qualified to remain on the list of electors, the challenged  elector's name shall be removed from the list of electors.
(i)  If  the challenged elector appears at the polls to vote and it is not  practical to conduct a hearing prior to the close of the polls or if the  registrars begin a hearing and subsequently find that a decision on the  challenge cannot be rendered within a reasonable time, the challenged  elector shall be permitted to vote by casting a challenged ballot on the  same type of ballot that is used by the county or municipality for  mail-in absentee ballots. Such challenged ballot shall be sealed in  double envelopes as provided in Code Section 21-2-384 and, after having  the word "Challenged" and the elector's name written across the back of  the outer envelope, the ballot shall be deposited by the person casting  such ballot in a secure, sealed ballot box notwithstanding the fact that  the polls may have closed prior to the time the registrars make such a  determination, provided that the elector proceeds to vote immediately  after such determination of the registrars. In such cases, if the  challenge is based upon the grounds that the challenged elector is not  qualified to remain on the list of electors, the registrars shall  proceed to finish the hearing prior to the certification of the  consolidated returns of the election by the election superintendent. If  the challenge is based on other grounds, no further action shall be  required by the registrars. The election superintendent shall not  certify such consolidated returns until such hearing is complete and the  registrars have rendered their decision on the challenge. If the  registrars deny the challenge, the superintendent shall proceed to  certify the consolidated returns. If the registrars uphold the  challenge, the name of the challenged elector shall be removed from the  list of electors and the ballot of the challenged elector shall be  rejected and not counted and, if necessary, the returns shall be  adjusted to remove any votes cast by such elector. The elector making  the challenge and the challenged elector may appeal the decision of the  registrars in the same manner as provided in subsection (e) of Code  Section 21-2-229.