7.0   CANCELING AN ABSENTEE BALLOT

Q 7.1  Can poll workers be sworn in as deputy registrars to accept affidavits from voters who are trying to cancel their absentee ballot and vote in person at the poll on election day?
A 7.1

Yes.  See O.C.G.A. §§ 21-2-213(a), 21-2-388(2).

Poll workers can be appointed by the county board of registrars to aid them in the discharge of their duties(subject to the conditions for appointment set forth in O.C.G.A. §§ 21-2-8, 21-2-213, 21-2-214). However, there is no "affidavit" requirement on Election Day.  Instead, there is an elector's in-person, written request to a registrar or absentee ballot clerk to mark the envelope containing the elector´s absentee ballot "Canceled".  This is not actually an "affidavit" as would apply before Election Day under O.C.G.A. § 21-2-384(a)(5).

An "affidavit" is a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation.  Black's Law Dictionary 58 (6th ed. 1990). Posted 04/04/08
Q 7.2.  Can pre-printed absentee ballot cancelation “affidavits” be sent to the polls?
A 7.2

See O.C.G.A. §§ 21-2-213(a), 21-2-388.

An elector’s in-person, written request to a registrar or absentee ballot clerk to mark the envelope containing the elector’s absentee ballot “Canceled” is not an “affidavit.”  There is no prohibition against an elector’s use of a pre-printed form to make such a request.

Note that an actual “affidavit” is a written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation.  Black’s Law Dictionary 58 (6th ed. 1990) .  Posted 1/15/08.