GA Code § 21-2-414 (2021)
2021 Georgia Code|Title 21 - Elections|Chapter 2 - Elections and Primaries Generally|Article 11 - Preparation for and Conduct of Primaries and Elections|Part 1 - General Provisions|§ 21-2-414. Restrictions on Campaign Activities, Giving of Food or Water, and Public Opinion Polling Within the Vicinity of a Polling Place; Cellular Phone Use Prohibited; Prohibition of Candidates From Entering Certain Polling Places; Penalty

  No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:   Within 150 feet of the outer edge of any building within which a polling place is established;   Within any polling place; or   Within 25 feet of any voter standing in line to vote at any polling place.  These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors.      Rooms under the control or supervision of the board of registrars or absentee ballot clerk in which absentee ballots are being cast shall be considered polling places.     No person shall conduct any exit poll or public opinion poll with voters within 25 feet of the exit of any building in which a polling place is established on any day in which ballots are being cast.   Except for credentialed poll watchers, poll workers, and law enforcement officers, poll managers may manage the number of persons allowed in the polling place to prevent confusion, congestion, and inconvenience to voters.     No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased or other than to transact business with the board of registrars, so long as the person does not violate any other provision of this Code section. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as election superintendents and shall not engage in any practice prohibited by this Code section.   This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted or from making available self-service water from an unattended receptacle to an elector waiting in line to vote.   Any person who violates this Code section shall be guilty of a misdemeanor.    (Ga. L. 1956, p. 333, § 1; Ga. L. 1961, p. 557, § 1; Code 1933, §§ 34-1307, 34-1938, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 308, § 3; Ga. L. 1977, p. 174, § 1; Ga. L. 1978, p. 1039, § 1; Ga. L. 1984, p. 674, § 1; Ga. L. 1985, p. 632, § 5; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 382, § 4; Ga. L. 1988, p. 647, § 3; Ga. L. 1989, p. 1084, § 3; Ga. L. 1993, p. 712, § 1; Ga. L. 1994, p. 1406, § 25; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 41; Ga. L. 2003, p. 517, § 47; Ga. L. 2005, p. 253, § 58/HB 244; Ga. L. 2010, p. 914, § 22/HB 540; Ga. L. 2012, p. 995, § 31/SB 92; Ga. L. 2016, p. 173, § 5/SB 199; Ga. L. 2017, p. 697, § 19/HB 268; Ga. L. 2021, p. 14, § 33/SB 202.)    The 2017 amendment,  effective July 1, 2017, substituted ", nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths" for "or conduct any exit poll or public opinion poll with voters" in the middle of subsection (a); and substituted the present provisions of subsection (c) for the former provisions, which read: "Reserved.".    The 2021 amendment,  effective March 25, 2021, inserted "nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector," near the middle of the first sentence in subsection (a) and inserted "or from making available self-service water from an unattended receptacle to an elector waiting in line to vote" at the end of subsection (e).   Cross references.   - Prohibited placement of posters, signs, and advertisements, § 16-7-58.    Further provisions regarding prohibited activities in vicinity of voting compartment or voting booth, § 21-2-568.   Editor's notes.   - Ga. L. 2021, p. 14, § 1/SB 202, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Election Integrity Act of 2021."'   Ga. L. 2021, p. 14, § 2/SB 202, not codified by the General Assembly, provides: "The General Assembly finds and declares that:   "(1) Following the 2018 and 2020 elections, there was a significant lack of confidence in Georgia election systems, with many electors concerned about allegations of rampant voter suppression and many electors concerned about allegations of rampant voter fraud;   "(2) Many Georgia election processes were challenged in court, including the subjective signature-matching requirements, by Georgians on all sides of the political spectrum before and after the 2020 general election;   "(3) The stress of the 2020 elections, with a dramatic increase in absentee-by-mail ballots and pandemic restrictions, demonstrated where there were opportunities to update existing processes to reduce the burden on election officials and boost voter confidence;   "(4) The changes made in this legislation in 2021 are designed to address the lack of elector confidence in the election system on all sides of the political spectrum, to reduce the burden on election officials, and to streamline the process of conducting elections in Georgia by promoting uniformity in voting. Several examples will help explain how these goals are achieved;   "(5) The broad discretion allowed to local officials for advance voting dates and hours led to significant variations across the state in total number of hours of advance voting, depending on the county. More than 100 counties have never offered voting on Sunday and many counties offered only a single day of weekend voting. Requiring two Saturday voting days and two optional Sunday voting days will dramatically increase the total voting hours for voters across the State of Georgia, and all electors in Georgia will have access to multiple opportunities to vote in person on the weekend for the first time;   "(6) Some counties in 2020 received significant infusions of grant funding for election operations, while other counties received no such funds. Promoting uniformity in the distribution of funds to election operations will boost voter confidence and ensure that there is no political advantage conferred by preferring certain counties over others in the distribution of funds;   "(7) Elections in Georgia are administered by counties, but that can lead to problems for voters in counties with dysfunctional election systems. Counties with long-term problems of lines, problems with processing of absentee ballots, and other challenges in administration need accountability, but state officials are limited in what they are able to do to address those problems. Ensuring there is a mechanism to address local election problems will promote voter confidence and meet the goal of uniformity;   "(8) Elections are a public process and public participation is encouraged by all involved, but the enthusiasm of some outside groups in sending multiple absentee ballot applications in 2020, often with incorrectly filled-in voter information, led to significant confusion by electors. Clarifying the rules regarding absentee ballot applications will build elector confidence while not sacrificing the opportunities for electors to participate in the process;   "(9) The lengthy absentee ballot process also led to elector confusion, including electors who were told they had already voted when they arrived to vote in person. Creating a definite period of absentee voting will assist electors in understanding the election process while also ensuring that opportunities to vote are not diminished, especially when many absentee ballots issued in the last few days before the election were not successfully voted or were returned late;   "(10) Opportunities for delivering absentee ballots to a drop box were first created by the State Election Board as a pandemic response. The drop boxes created by rule no longer existed in Georgia law when the emergency rules that created them expired. The General Assembly considered a variety of options and constructed a system that allows the use of drop boxes, while also ensuring the security of the system and providing options in emergency situations;   "(11) The lengthy nine-week runoffs in 2020 were exhausting for candidates, donors, and electors. By adding ranked choice voting for military and overseas voters, the run-off period can be shortened to a more manageable period for all involved, easing the burden on election officials and on electors;   "(12) Counting absentee ballots in 2020 took an incredibly long time in some counties. Creating processes for early processing and scanning of absentee ballots will promote elector confidence by ensuring that results are reported quickly;   "(13) The sanctity of the precinct was also brought into sharp focus in 2020, with many groups approaching electors while they waited in line. Protecting electors from improper interference, political pressure, or intimidation while waiting in line to vote is of paramount importance to protecting the election system and ensuring elector confidence;   "(14) Ballot duplication for provisional ballots and other purposes places a heavy burden on election officials. The number of duplicated ballots has continued to rise dramatically from 2016 through 2020. Reducing the number of duplicated ballots will significantly reduce the burden on election officials and creating bipartisan panels to conduct duplication will promote elector confidence;   "(15) Electors voting out of precinct add to the burden on election officials and lines for other electors because of the length of time it takes to process a provisional ballot in a precinct. Electors should be directed to the correct precinct on election day to ensure that they are able to vote in all elections for which they are eligible;   "(16) In considering the changes in 2021, the General Assembly heard hours of testimony from electors, election officials, and attorneys involved in voting. The General Assembly made significant modifications through the legislative process as it weighed the various interests involved, including adding further weekend voting, changing parameters for out-of-precinct voting, and adding transparency for ballot images; and   "(17) While each of the changes in this legislation in 2021 stands alone and is severable under Code Section 1-1-3, the changes in total reflect the General Assembly's considered judgment on the changes required to Georgia's election system to make it 'easy to vote and hard to cheat,' applying the lessons learned from conducting an election in the 2020 pandemic."   JUDICIAL DECISIONS   Constitutionality.   - The U.S. Court of Appeals for the 11th Circuit found that a Florida electioneering statute was narrowly tailored to protect the compelling state interest of citizens to vote free from intimidation, interference, and fraud, and did not violate the First Amendment by banning exit solicitations about non-ballot issues within 100 feet of polling places; accordingly, the district court abused the court's discretion in granting a preliminary injunction. Citizens for Police Accountability Political Comm. v. Browning, 572 F.3d 1213 (11th Cir. 2009).    O.C.G.A. § 21-2-414(a) infringed upon the First Amendment's protection of political speech; however, a 25-foot limit on campaign and polling activities withstands constitutional scrutiny, and enforcement beyond that limit would be permanently enjoined. NBC v. Cleland, 697 F. Supp. 1204 (N.D. Ga. 1988) (decided prior to 1993 amendment of this section).    Preliminary injunction against enforcement of O.C.G.A. § 21-2-414(b) was issued, where court was of the opinion that plaintiff challenging the statute on constitutional grounds would prevail at a final hearing. Committee for Sandy Springs, Ga., Inc. v. Cleland, 708 F. Supp. 1289 (N.D. Ga. 1988).    Cited in Stiles v. Earnest, 252 Ga. 260, 312 S.E.2d 337 (1984).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-1206 are included in the annotations for this Code section.   Scope of area and activity open to campaign worker during election.   - Except where there are no attempts at electioneering, it is legal for a candidate or a candidate's campaign worker to be present in a polling place, but outside an enclosed area during an election or to be present outside the polling place, but within a 250-foot limit, but it is illegal to engage in noncommunicative but otherwise campaign related activity, specifically, observing voters and checking a voters list, outside the polling place but within the 250-foot limit. 1982 Op. Att'y Gen. No. 82-30 (decided prior to 1989 amendment to subsection (b)).    Soliciting signatures on a petition for referendum is permissible  within 250 feet of the polling place. 1968 Op. Att'y Gen. No. 68-370 (decided prior to 1989 amendment to subsection (b)).   Compilation of list of electors not solicitation.    - The compilation of a list of names for the purpose of determining the identity of electors who have not voted, so that transportation can be furnished to such electors, is not itself an activity which would, without more, amount to a solicitation of votes within the meaning of this section. 1967 Op. Att'y Gen. No. 67-45 (see O.C.G.A. § 21-2-414).   Fingerprinting.    - The Georgia Crime Information Center is not authorized to collect and file fingerprints of persons charged with a violation of O.C.G.A. § 21-2-414. 2001 Op. Att'y Gen. No. 2001-11.    An offense under O.C.G.A. § 21-2-414 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Elections, § 354.   C.J.S.   - 29 C.J.S., Elections, §§ 332, 333.   ALR.   - Validity, construction, and application of state statutes regulating solicitation or exit polling near voting precincts, 65 A.L.R.6th 441.