§ 21-2-265 - Duty of superintendent to select polling places; change; petition objecting to proposed change; space for political parties holding primaries; facilities for disabled voters; selection
               	 		
O.C.G.A.    21-2-265   (2010)
    21-2-265.    Duty of superintendent to select polling places; change;  petition objecting to proposed change; space for political parties  holding primaries; facilities for disabled voters; selection of polling  place outside precinct to better serve voters 
      (a)  The  superintendent of a county or the governing authority of a municipality  shall select and fix the polling place within each precinct and may,  either on his, her, or its own motion or on petition of ten electors of a  precinct, change the polling place within any precinct. Except in case  of an emergency or unavoidable event occurring within ten days of a  primary or election, which emergency or event renders any polling place  unavailable for use at such primary or election, the superintendent of a  county or the governing authority of a municipality shall not change  any polling place until notice of the proposed change shall have been  published for once a week for two consecutive weeks in the legal organ  for the county or municipality in which the polling place is located.  Additionally, on the first election day following such change, a notice  of such change shall be posted on the previous polling place and at  three other places in the immediate vicinity thereof. The occupant or  owner of the previous polling place, or his or her agent, shall be  notified in writing of such change at the time notice is published in  the legal organ.
(b)  Except in case of an  emergency or unavoidable event occurring within ten days of a primary or  election, which emergency or event renders any polling place  unavailable for use, if a petition is presented to the superintendent of  a county or the governing authority of a municipality on or before the  day set for hearing of the petition for change of a polling place,  signed by 20 percent of the electors of the precinct objecting to the  proposed change, such change shall not be ordered.
(c)  In  primaries, the superintendent of a county or the governing authority of  a municipality in selecting and fixing the polling place in each  precinct shall select a polling place which will provide adequate space  for all parties conducting their primaries therein.
(d)  The  superintendent of a county or the governing authority of a  municipality, in selecting and fixing a polling place in each precinct,  shall select, if practicable, a polling place with suitable and  appropriate access for disabled electors. If no such practicable  locations exist within the precinct, the superintendent of a county or  the governing authority of a municipality may effect temporary  modifications to such existing locations as will, in his or her or its  judgment, provide more convenient and appropriate access to the polling  place by the disabled elector. No polling place shall be selected or  used under any circumstances which does not have suitable and  appropriate access for persons with disabilities for the purpose of  voting; and any person, whether or not personally aggrieved, may bring  an action for mandamus to require that all polling places in the county  or municipality have suitable and appropriate access for persons with  disabilities for the purpose of voting.
(e)  The  superintendent may establish the polling place for a precinct outside  the boundaries of the precinct if there is no suitable facility within  the precinct which could be used as a polling place and if, by so doing,  such polling place would better serve the needs of the voters.