State takes action to secure Georgia election

ATLANTA — Secretary of State Brad Raffensperger has taken action to secure Georgia’s elections against out-of-state voters attempting to cast ballots in Georgia’s runoff elections for U.S. Senate. The office of the secretary of state sent letters to 8,000 individuals who indicated they moved out of state but requested ballots for the runoffs.

“Qualified Georgians and only Georgians are allowed to vote in our elections,” Raffensperger said in a news release. “I have said many times that I will not tolerate out-of-state voters attempting to undermine the integrity of the vote in Georgia. Let this be a warning to anyone looking to come to Georgia temporarily to cast a ballot in the runoffs or anyone who has established residence in another state but thinks they can game the system: We will find you, and we will prosecute you to the fullest extent of the law.”

The Raffensperger’s office sent letters to around 8,000 individuals who requested absentee ballots for the Jan. 5 Senate runoffs but also have filed a National Change of Address notice with the United States Post Office indicating that they currently live out of the state. In the letters, recipients were reminded that those who cast a ballot in Georgia elections without possessing the qualifications are committing a felony under Georgia law (O.C.G.A. § 21-2-571). Per O.C.G.A § 21-2-561, it is a felony to register to vote in Georgia if you are not a resident of Georgia with no intention of moving into the state and is punishable by up to 10 years in jail and a $100,000 fine.

Requesting an absentee ballot after filing a National Change of Address notice is not necessarily a crime. Georgia law allows for voters who are temporarily out of state to request absentee ballots. Additionally, members of the military stationed in other parts of the country or students temporarily out of state for college, for example, could also legitimately request ballots from out of state.

To qualify as a valid Georgia voter, an individual must be a permanent resident and a citizen of the state of Georgia and of the county in which they have requested an absentee ballot. If an individual has moved out of state with the intention of making that state their residence, they have lost their residency in Georgia.

Certain actions, such as registering to vote or casting a ballot in another state, would be considered establishing residency in another state. Students that claim in-state tuition in the state of their college or university would also be establishing residence there. Students or temporary residents of another state who registered to vote in their state of temporary residence for a previous election then decided to reregister in Georgia for the runoffs would likely be guilty of voter fraud in either Georgia or their other state of residence.

The Secretary of State asks the public to report any suspicion of voter fraud. Citizens may use the online reporting form at https://sos.ga.gov/cgi-bin/EMailStopVoterFraud.asp or call the Voter Fraud Hotline at (877) 725-9797 to report questionable elections activity. A POST-certified investigator will contact them for more information if needed.