In issuing public benefits Carrol County uses an illegal “SAVE affidavit” which omits the “Secure and Verifiable document” collection process as required by state law.
The state law (OCGA 50-36-1) aimed at preventing illegal aliens from accessing public benefits says applicants for those benefits must “execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; the state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts’ official website.”
Translation: If you want to receive a public benefit covered under this law (see here and scroll down top paragraph (4) for a list of those benefits), you must swear that you are either a U.S. citizens or are in the U.S.A legally. And agencies that administer these benefits are required to follow the law on applications and standardized forms. Even shorter: We are trying not to give these public benefits to illegal aliens and government officials are supposed to follow directions in the law. Part of that law dictates the exact format of these documents and forms, including the “SAVE affidavit.”
The affidavit required for use by state law in posted on the state auditor’s website.
The SAVE affidavit used by Carroll County is not the SAVE affidavit designed by the Dept. of Audits and Accounts – the State Auditor. And in Carroll County there is no requirement for foreigners to complete the affidavit for renewals…
The law also says agencies administering public benefits must require applicants to submit an ID document from a list created by the Attorney General’s office deemed to be “secure and verifiable.”
“Except as provided in subsection (g) of this Code section, an agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to: provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document.”
Related post: Carroll County E-Verify affidavit(s) compared to the version from the AG office required by state law
This required ID verification process is not even mentioned on the Carroll County affidavit. It looks like Carrol County has simply skipped over the part of the law that says applicants must present “Secure and Verifiable ID” to access taxpayer-funded public benefits:
Missing from Carrol County’ free-form version of the affidavit is “The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A §50-36-1 (f) (1), with this affidavit.”
Below are images of both affidavits. The affidavit on top is the one required by law. The one under it is what Carrol County is using. I have links and screen shots.