ATLANTA – The United States Justice Department recently announced its decision to grant preclearance to Georgia’s House Bill 454 and House Bill 92. Introduced in the General Assembly by State Representative Mark Hamilton (R-Cumming), these laws improve Georgia’s in person, no excuse, early voting law and bring the state into compliance with the rules of the national political parties.
“I am very pleased to learn that the federal Justice Department has pre-cleared HB 454, legislation that allows the Secretary of State to set the presidential primary date, and HB 92, the early voting legislation passed earlier this year,” said Rep. Hamilton. “In an era where momentum plays a vital role in presidential campaigns, HB 454 will allow Georgia to play a more relevant role in our nation’s presidential election process. Georgians should also be excited by the implementation of HB 92, which will make the election process easier for voters throughout the state by allowing local communities to provide better clarity to Georgia voters, make the election process more efficient for local election offices, offer a Saturday voting option, and lower the tax burden to Georgia citizens by eliminating expensive low voter turnout days. These laws benefit all Georgians, and I am pleased that we can now move forward with their implementation.”
Under the Voting Rights Act of 1965, Georgia can not implement any change affecting voting without first obtaining the approval of the Department of Justice, a process known as preclearance. The Department’s decision to grant preclearance to HB 454 and HB 92 means that Georgia can now begin implementing the new state laws, which received approval from the Georgia General Assembly and Governor Deal earlier this year.
“These bills reflect our commitment to improving Georgia’s election code and strengthening our election laws and procedures, particularly by creating cost savings and increasing efficiencies at the state, county and local government levels,” said Georgia Secretary of State Brian Kemp.
HB 454 will bring Georgia’s election laws into compliance with the rules of the national Republican and Democratic parties. Specifically, the bill grants the Secretary of State the discretion to select the date for Georgia’s presidential primary in each presidential election year. The presidential primary date selected by the Secretary of State would have to fall between December 1st of the year prior to a presidential election and the second Tuesday in June of the presidential election year. By granting the Secretary of State this additional flexibility, we can maximize Georgia’s role in selecting our nation’s presidential candidates.
HB 92 will improve Georgia’s in person, no excuse, early voting law by implementing a standard, statewide, early voting start date. Under this legislation, advance voting in Georgia general elections will begin on the fourth Monday preceding a primary and general election and as soon as possible prior to a runoff. The early voting period will then run through the Friday immediately prior to each election. During that period, early voting locations will be open during normal business hours on weekdays. Additionally, if the election includes a federal or state office, early voting locations will also open on the second Saturday preceding an election from 9:00 AM through 4:00 PM.
Currently, Georgia’s early voting period begins at least 45 days before a federal or state general election and 21 days before a municipal general election. Careful review of this time frame consistently showed that only three percent of early voting occurs in the first two weeks of the current 45 day period. However, more than 75 percent of all early voting occurs in the last three weeks of an election.
“By shortening the early voting period to three weeks and expanding access during those weeks, the state should be able to better serve Georgia voters while eliminating the unnecessary waste of funding unused early voting times. Additionally, this change is expected to reduce voter confusion and remorse by allowing more time for Georgians to reach a fully informed decision before casting their vote,” add Rep. Hamilton.
HB 92 does not effect early voting by mail or absentee voting. All Georgia voters will still be able to mail their ballot up to 45 days early and request ballots up to 180 days prior to an election.
When passed earlier this year, HB 92 carried broad bi-partisan support from the Association County Commissioners of Georgia (ACCG) and the League of Women Voters of Georgia.
For more information on HB 92, please click here.
For more information on HB 454, please click here.
Representative Mark Hamilton represents the citizens of District 23, which includes parts of Cherokee and Forsyth Counties. He was elected into the House of Representatives in 2006 and currently serves as Chairman of the Governmental Affairs Committee. He also serves on the Appropriations, Energy, Utilities, & Telecommunications, Industrial Relations, and Transportation committees.
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