reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-587 - Frauds by poll officers

Any poll officer who willfully:
(1)
Makes a false return of the votes cast at any primary or election;
(2)
Deposits fraudulent ballots in the ballot box or certifies as correct a false return of ballots;
(3)
Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine;
(4)
Makes any false entries in the electors list;
(5)
Destroys or alters any ballot, voter's certificate, or electors list;
(6)
Tampers with any voting machine, direct recording electronic (DRE) equipment, electronic ballot marker, or tabulating machine or device;
(7)
Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or
(8)
Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine; ballot box; general or duplicate return sheet; tally paper; oaths of poll officers; affidavits of electors and others; record of assisted voters; numbered list of voters; electors list; voter's certificate; spoiled and canceled ballots; ballots deposited, written, or affixed in or upon a voting machine; DRE, electronic ballot marker, or tabulating machine memory cards; or any certificate or any other paper or record required to be returned under this chapter
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both.
Amended by 2019 Ga. Laws 24,§ 49, eff. 4/2/2019.
Amended by 2010 Ga. Laws 632,§ 33, eff. 7/1/2010.
Amended by 2007 Ga. Laws 259,§ 11, eff. 7/1/2007.
Amended by 2003 Ga. Laws 209, § 65, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-588 - Premature counting of votes by poll officer

Except as provided in Code Section
21-2-386
, any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor.
Amended by 2010 Ga. Laws 632,§ 34, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-589 - Willful omissions by poll officers

Any poll officer who willfully:
(1)
Fails to file the voter's certificate of any elector actually voting at any primary or election;
(2)
Fails to record voting information as required by this chapter; or
(3)
Fails to insert in the numbered list of voters the name of any person actually voting
shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-590 - Poll officer permitting unregistered or unqualified persons to vote; refusing to permit registered and qualified persons to vote; unlawful rendering of assistance

Any poll officer who:
(1)
Permits any unregistered person to vote at any primary or election, knowing such person is unregistered;
(2)
Permits any person registered as an elector to vote, knowing that such person is not qualified to vote, whether or not such person has been challenged;
(3)
Refuses to permit any duly registered and qualified person to vote at any primary or election, with the knowledge that such person is entitled to vote; or
(4)
Renders assistance to an elector in voting in violation of Code Section
21-2-409
, or knowingly permits another person to render such assistance in violation of Code Section
21-2-409
shall be guilty of a felony.
Amended by 2007 Ga. Laws 259,§ 12, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-591 - Poll officers permitting unlawful assistance to voters

Any poll officer who permits a voter to be accompanied by another into the voting compartment or voting machine booth when such poll officer knows that the disability which the voter declared at the time of registration no longer exists or that the disability which the voter declared at the time of voting did not exist shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-592 - Failure of poll officers to keep record of assisted voters

Any poll officer who willfully fails to keep a record, as required by Code Section
21-2-409
, of the name of each voter who received assistance, the exact disability of any assisted voter which makes the assistance necessary, and the name of each person rendering assistance to a voter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-593 - Failure of law enforcement officers to remove obstacles or to maintain order at polling places; hindrance or delay of poll officers by law enforcement officers

Any law enforcement officer who:
(1)
Willfully neglects or refuses to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from entering, when called upon to do so by any poll officer or elector of the precinct;
(2)
Willfully neglects or refuses to maintain order and quell any disturbance if such arises at any polling place upon the day of any primary or election, when called upon to do so by any poll officer or elector of the precinct; or
(3)
Willfully hinders or delays, or attempts to hinder or delay, any poll officer in the performance of any duty under this chapter
shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-594 - Offenses by printers of ballots

Any printer employed to print any official ballots for use in a primary or election, or any person engaged in printing the same, who:
(1)
Appropriates to himself or herself or gives or delivers, or knowingly permits to be taken, any of said ballots by any unauthorized person; or
(2)
Willfully and knowingly prints, or causes to be printed, any official ballot in any form other than that prescribed by the appropriate officials or with any other names or printing, or with the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this chapter
shall be guilty of a felony.
Amended by 2010 Ga. Laws 632,§ 35, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-596 - Failure of public or political officer to perform duty

Any public officer or any officer of a political party or body on whom a duty is laid by this chapter who willfully neglects or refuses to perform his or her duty shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-597 - Intentional interference with performance of election duties

Any person who intentionally interferes with, hinders, or delays or attempts to interfere with, hinder, or delay any other person in the performance of any act or duty authorized or imposed by this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-598 - Violations of chapter

Except as otherwise provided by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-599 - Punishment for misdemeanors under chapter

Any person convicted of a misdemeanor under this chapter shall be subject to any one or more of the following, in the discretion of the trial judge:
(1)
A fine of not less than $100.00 nor more than $1,000.00;
(2)
A sentence of confinement in the county jail or other place of imprisonment for a period not to exceed six months; or
(3)
A sentence of confinement in a county correctional institution or other appropriate institution under the jurisdiction of the Department of Corrections not to exceed 12 months.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-600 - Punishment for felonies under chapter

Except as otherwise provided, any person convicted of a felony under this chapter shall be punished by a fine not to exceed $10,000.00 or imprisonment of not less than one year nor more than ten years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor in the discretion of the trial court.
Amended by 2007 Ga. Laws 259,§ 13, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-601 - Use of list of electors for commercial purposes prohibited

Any person who intentionally uses the list of electors provided for in Code Section
21-2-225
for commercial purposes shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-602 - Compensation for soliciting persons to register to vote prohibited

It shall be illegal to receive, accept, offer, or provide compensation for soliciting persons to register to vote based upon the number of persons registered and any person who knowingly receives, accepts, offers, or provides such compensation on such basis shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-603 - Conspiracy to commit election fraud

A person commits the offense of conspiracy to commit election fraud when he or she conspires or agrees with another to commit a violation of this chapter. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the violation of this chapter is consummated. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced if he or she had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he or she could have been subjected if he or she had been convicted of such crime, or both. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a misdemeanor shall be punished as for a misdemeanor.
Added by 2005 Ga. Laws 53,§ 65, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 15 - MISCELLANEOUS OFFENSES (§§ 21-2-560 — 21-2-604) › Section 21-2-604 - Criminal solicitation to commit election fraud; penalties

(a)
(1)
A person commits the offense of criminal solicitation to commit election fraud in the first degree when, with intent that another person engage in conduct constituting a felony under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.
(2)
A person commits the offense of criminal solicitation to commit election fraud in the second degree when, with intent that another person engage in conduct constituting a misdemeanor under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.
(b)
(1)
A person convicted of the offense of criminal solicitation to commit election fraud in the first degree shall be punished by imprisonment for not less than one nor more than three years.
(2)
A person convicted of the offense of criminal solicitation to commit election fraud in the second degree shall be punished as for a misdemeanor.
(c)
It is no defense to a prosecution for criminal solicitation to commit election fraud that the person solicited could not be guilty of the crime solicited.
(d)
The provisions of subsections (a) through (c) of this Code section are cumulative and shall not supersede any other penal law of this state.
Added by 2011 Ga. Laws 240,§ 21, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-2 - Legislative intent

The General Assembly finds that the electorate of the state overwhelmingly ratified an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall public officials who hold elective office and to repeal all local recall laws and prohibit the future enactment of any local recall laws. In furtherance of the mandate of the electorate, by this general law the General Assembly establishes uniform and exclusive procedures relating to the recall of all state and local officials who hold elective office.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-4 - Officers subject to recall; number of electors needed to demand recall; limitation on number of officers subject to a recall

(a)
Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office:
(1)
In the case of a state officer whose electoral district encompasses the entire state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and qualified to vote at the last preceding election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congressional districts may now or hereafter exist; or
(2)
In the case of a state officer whose electoral district encompasses only a part of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of electors registered and qualified to vote at the last preceding election for any candidate offering for the office held by the officer.
(b)
No recall petition shall demand the recall of more than one public official.
(c)
Every public official who holds elective office, either by election or by appointment, is subject to recall on the grounds that such public official has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public if one or more additional grounds for recall exist as set forth in subparagraph (B) of paragraph (7) of Code Section
21-4-3
.
Amended by 2001 Ga. Laws 164, § 18, eff. 4/18/2001.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-7 - Form of recall petition

(a)
The form of the recall petition shall be substantially as follows:
RECALL PETITION
__________________
(Official application no.)
__________________
(County or city)
To __________________
(Name of election superintendent)
__________________
(Address)
__________________
(City, state, ZIP Code)
We, the electors registered to vote in the recall election herein petitioned, demand the recall of __________________ (Name and office) on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interest of the public and that said official __________________ (State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section
21-4-3
and a brief statement, not to exceed five lines, of the fact or facts upon which such ground or grounds are based.).
Name
Date of Signing
Residence Address
County of Residence
__________________
(Signature)
(Number and street or route)
__________________
__________________
(Printed name of elector)
(City)
(Ten lines for signatures and printed names)
Click here to view image
(b)
The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements:
(1)
" Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor;
(2)
If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office."
(c)
Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled, a statement that the named official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public, a statement containing the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section
21-4-3
, and a brief statement of the fact or facts upon which such ground or grounds are based. Such statements shall be written or printed on each petition and each signer must read, or be read, such statements.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-9 - Withdrawal of signatures from recall application or petition

(a)
At any time prior to the date an application for recall petition or a recall petition is filed for verification, an elector who has signed the application or the recall petition form may request withdrawal of his or her signature from the application or recall petition by executing and filing an affidavit, in the form prescribed by this Code section, with the election superintendent. Any signature so withdrawn shall not be counted in determining the legal sufficiency of the application or recall petition. The affidavit shall:
(1)
Be signed and sworn to before a notary public;
(2)
State the elector's residence address, giving number and street or route and city, the name of the county of residence, and, in the case of a recall application or petition, the number of the recall application or petition which he or she signed; and
(3)
Affirm the elector's intention to withdraw his or her signature from the application or recall petition.
(b)
The affidavit shall be substantially in the following form:
AFFIDAVIT OF SIGNATURE WITHDRAWAL
State of Georgia
County of __________________
I, __________________ (Name as it appears on the application or recall petition), being first duly sworn, say that I am an elector of the __________________ (electoral district) in which the recall election will be conducted.
That my residence address is __________________
__________________
(Number and street or route) (City)
That I signed or caused to be signed the application or the petition for the recall of __________________ (Name and office of person sought to be recalled) and that the recall application or petition has been assigned number __________________.
That it is my intention by the signing and filing of this affidavit to withdraw my signature therefrom.
__________________
Signature of elector
Subscribed and sworn to
before me this __________________
day of __________________, __________________.
Notary public
__________________
__________________, Georgia
My commission expires on the __________________ day of __________________, __________________.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-10 - Persons who may not circulate recall application or petition; effect of signatures obtained by unqualified persons

No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recalled shall circulate a recall application or petition. No employee of the state shall circulate a recall application or petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the petition.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-12 - No recall election when officeholder resigns prior to the holding of a recall election

If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-14 - Limitations on subsequent recall petitions following recall election

(a)
After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the recall election shall be void.
(b)
If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition against that officer which is available for signature or pending verification at the time of such finding of insufficiency.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-15 - Manner of conducting recall elections

The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with Chapters 2 and 3 of this title.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-16 - Campaign and financial disclosure requirements, restrictions, and qualifications

Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the "Ethics in Government Act," in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions contained in such chapter.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-17 - Promulgation of rules and regulations by Secretary of State

The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-18 - Application to court to compel election superintendent to comply with chapter; jurisdiction and venue of actions against election superintendent

(a)
If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the election superintendent has not complied with this chapter, the court shall issue an order for the election superintendent to comply.
(b)
An action against an election superintendent shall be filed in the superior court of the county of such election superintendent, except that an action against the Secretary of State shall be filed in the Superior Court of Fulton County.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-19 - Determination of eligibility to sign application for recall petition or petition for recall

An elector's eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-20 - Giving or receiving money or other thing of value to sign petition or affidavit; compelling person to sign petition or to remove name; signing another's name to petition; signing more than one; signing by ineligible person

(a)
Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor.
(b)
A person who, by menace or threat either directly or indirectly, induces or compels or attempts to induce or compel any other person to sign or subscribe or to refrain from signing or subscribing that person's name to a recall application or petition or, after signing or subscribing that person's name, to have that person's name taken therefrom shall be guilty of a misdemeanor.
(c)
A person who signs any name other than his or her own to a recall application or petition, except in a circumstance where he or she signs for a person in the presence of and at the specific request of such person who is incapable of signing that person's own name, or who knowingly signs his or her name more than once for the same recall application or petition or who knowingly is not at the time of signing a qualified elector of the electoral district of the officer sought to be recalled shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 4 - RECALL OF PUBLIC OFFICERS (§§ 21-4-1 — 21-4-21) › Section 21-4-21 - Construction of chapter

This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-1 - Short title

This chapter shall be known as and may be cited as the "Georgia Government Transparency and Campaign Finance Act."
Amended by 2022 Ga. Laws 521,§ 2, eff. 3/2/2022.
See 2022 Ga. Laws 521, § 1.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-2 - Declaration of policy

It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices; state offices; district attorneys; members of the Georgia House of Representatives and Georgia Senate; all constitutional judicial officers; and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officers holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state's public affairs will be best served by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have reasonable access to the disclosure of the significant private interests of the public officers of this state.
Amended by 2005 Ga. Laws 212,§ 1, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-5 - Operating expenses

The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the "Budget Act"; provided, however, that the commission shall be assigned for administrative purposes only to the State Accounting Office.
Amended by 2022 Ga. Laws 521,§ 4, eff. 3/2/2022.
Amended by 2010 Ga. Laws 680,§ 4, eff. 1/10/2011.
Amended by 2005 Ga. Laws 212,§ 4, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-7 - Initiation of complaints

The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person, including a staff attorney employed by the commission, unless that person or staff attorney shall produce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section
16-10-71
. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission within two business days of the commission's receipt of such complaint and prior to any other public dissemination of such complaint.
Amended by 2022 Ga. Laws 521,§ 6, eff. 3/2/2022.
Amended by 2005 Ga. Laws 212,§ 6, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-8 - Venue

Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate or public officer at the time of the alleged violation or action.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-9 - Penalties

Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor. The provisions of this Code section shall not preclude prosecution and punishment for the commission of any felony offense as otherwise provided by law.
Amended by 2016 Ga. Laws 347,§ 6, eff. 4/26/2016.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-9.1 - Prerequisite to seeking election or reelection to General Assembly

No person who has served or is serving as a member of the General Assembly shall be eligible to qualify to seek election or reelection to the General Assembly until and unless all fines and fees owing to the commission have been paid, all disclosure reports due have been filed, and all outstanding taxes have been paid.
Added by 2022 Ga. Laws 521,§ 6A, eff. 3/2/2022.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-10 - Chapter as continuation of laws; effect of enactment

The provisions of this chapter, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this chapter of any Act of the General Assembly, or part thereof, shall not revive any Act, or part thereof, heretofore repealed or superseded. This chapter shall not affect any act done, liability or penalty incurred, or right accrued or vested prior to the taking effect of this chapter; nor shall this chapter affect any actions or prosecution then pending, or to be instituted, to enforce any right or penalty then accrued or to punish any offense theretofore committed.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-11 - Acceptance by public officers of monetary fees or honoraria

(a)
No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $100.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer.
(b)
No public officer elected state wide shall accept any monetary fee or honorarium for a speaking engagement, participation in a seminar, discussion panel, or other such activity.
(c)
For purposes of this chapter, actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting shall not be monetary fees or honoraria.
Amended by 2010 Ga. Laws 680,§ 7, eff. 1/10/2011.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-12 - Connected organizations

(a)
The name of each political action committee shall include the name of its connected organization.
(b)
The name of any separate segregated fund, as defined in Code Section
21-5-40
, shall include the name of its connected organization.
Amended by 2005 Ga. Laws 212,§ 8, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-13 - Limitation of actions

(a)
Any action alleging a violation of this chapter shall be commenced within three years after the date on which the violation, wrongful action, or omission occurred, unless otherwise provided by subsections (b) or (c) of this Code section.
(b)
Any action alleging a violation involving any person elected to serve for a term of four or more years, but fewer than six years, or involving any candidate for an office with a term of four, but fewer than six years, shall be commenced within five years after the date on which the violation, wrongful action, or omission occurred.
(c)
Any action alleging a violation of this chapter involving any person elected to serve a term of six or more years or involving any candidate for an office with a term of six or more years shall be commenced within seven years after the date on which the violation, wrongful act, or omission occurred.
(d)
For purposes of this Code section, an action shall be deemed to have commenced against a person only when either:
(1)
A complaint has been accepted by the commission in compliance with Code Section
21-5-7
; or
(2)
The commission or Attorney General serves on such person a notice of summons or hearing, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," that alleges that such person has violated this chapter.
Amended by 2022 Ga. Laws 521,§ 7, eff. 3/2/2022.
Amended by 2010 Ga. Laws 680,§ 8, eff. 1/10/2011.
Amended by 2006 Ga. Laws 452,§ 1, eff. 4/14/2006.
Added by 2005 Ga. Laws 212,§ 9, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-14 - Email address reporting requirements; exceptions

(a)
Except as provided in subsection (b) of this Code section, each individual required by this chapter to file a report or disclosure statement with the commission shall provide the commission, in writing, with a current email address and shall advise the commission, in writing, of any change to such address within ten days of any change to such address. Such information shall be provided to the commission prior to January 31 each year.
(b)
City, county, and school board officials are not required to provide an email address to the commission.
Amended by 2023 Ga. Laws 353,§ 2, eff. 7/1/2023.
Amended by 2011 Ga. Laws 4,§ 2, eff. 3/15/2011.
Added by 2010 Ga. Laws 680,§ 9, eff. 1/10/2011.
See 2011 Ga. Laws 4, § 10.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 1 - GENERAL PROVISIONS (§§ 21-5-1 — 21-5-15) › Section 21-5-15 - Notice to local officials regarding certain actions to be given by certified mail or statutory overnight delivery

When the commission gives notice to a local official referred to in subparagraph (F) or (G) of paragraph (22) of Code Section
21-5-3
of any of the actions listed in this Code section, such notice shall be given by certified mail or statutory overnight delivery. This Code section shall apply with respect to any notice of: the filing of a complaint; a technical defect in a filing; a failure to make a timely filing; or a late fee or other penalty.
Added by 2011 Ga. Laws 4,§ 3, eff. 3/15/2011.
See 2011 Ga. Laws 4, § 10.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 2 - CAMPAIGN CONTRIBUTIONS (§§ 21-5-30 — 21-5-36) › Section 21-5-31 - [Repealed] Contributions or expenditures other than through candidate or committee; disclosure of extensions of credit

Repealed and reserved by 2005 Ga. Laws 212,§ 11, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 2 - CAMPAIGN CONTRIBUTIONS (§§ 21-5-30 — 21-5-36) › Section 21-5-32 - Accounts to be kept by candidate or campaign committee treasurer

(a)
The candidate or treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository account and of all interest earned on any such deposits.
(b)
Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(c)
Records of such accounts:
(1)
For a person or a campaign committee campaigning for an elective office with a term of less than four years, shall be preserved for three years from the date of the contribution, expenditure, gift, investment, or loan;
(2)
For a person or a campaign committee campaigning for an elective office with a term of four or more years, but fewer than six years, shall be preserved for five years from the date of the contribution, expenditure, gift, investment, or loan;
(3)
For a person or a campaign committee campaigning for an elective office with a term of six or more years, shall be preserved for seven years from the date of the contribution, expenditure, gift, investment, or loan; and
(4)
For any proposed constitutional amendment, referendum, or local issue or any recall vote, shall be preserved for three years from the date of contribution, expenditure, gift, investment, or loan.
Amended by 2022 Ga. Laws 521,§ 8, eff. 3/2/2022.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 2 - CAMPAIGN CONTRIBUTIONS (§§ 21-5-30 — 21-5-36) › Section 21-5-34.1 - Filing campaign contribution disclosure reports electronically

(a)
Candidates, candidate committees, and public officers who are required to file campaign contribution disclosure reports with the commission shall use electronic means to file such reports with the commission using means prescribed by the commission to file such reports.
(b)
The filing of any campaign disclosure report required under this article shall constitute an affirmation that such report is true, complete, and correct.
(c)
Candidates seeking election to county or municipal offices may use electronic means to file their campaign contribution disclosure reports if such method is made available or may file by certified mail, statutory overnight delivery, or personal delivery.
(d)
Political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports if such method is made available.
(e)
The filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct.
Amended by 2013 Ga. Laws 35,§ 4, eff. 1/1/2014.
Amended by 2011 Ga. Laws 4,§ 5, eff. 3/15/2011.
Amended by 2010 Ga. Laws 680,§ 12, eff. 1/10/2011.
Amended by 2009 Ga. Laws 109,§ 4, eff. 5/4/2009.
Amended by 2005 Ga. Laws 212,§ 13, eff. 1/9/2006.
See 2011 Ga. Laws 4, § 10.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 2 - CAMPAIGN CONTRIBUTIONS (§§ 21-5-30 — 21-5-36) › Section 21-5-35 - Acceptance of contributions or pledges during legislative sessions

(a)
No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall seek or accept a contribution or a pledge of a contribution to the member, the member's campaign committee, or public officer elected state wide, or campaign committee of such public officer during a legislative session.
(b)
Subsection (a) of this Code section shall not apply to:
(1)
The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent;
(2)
The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session;
(3)
The receipt of a contribution by a political party consisting of the proceeds from a dinner, luncheon, rally, or similar fundraising event in which a member of the General Assembly or a public officer elected state wide participates; or
(4)
A judicial officer elected state wide, a candidate for a judicial office elected state wide, or a campaign committee of such judicial officer or candidate.
Amended by 2013 Ga. Laws 35,§ 5, eff. 1/1/2014.
Amended by 2005 Ga. Laws 212,§ 14, eff. 1/9/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 5 - GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE (§§ 21-5-1 — 21-5-76) › Article 2 - CAMPAIGN CONTRIBUTIONS (§§ 21-5-30 — 21-5-36) › Section 21-5-36 - Disposition of reports; handling of complaints and violations

(a)
(1)
It shall be the duty of the commission to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such reports are filed. The commission shall have the authority to charge a fee for copying such reports not to exceed the actual cost of such copying. The commission shall preserve such reports for a period of five years from the date upon which they are received.
(2)
A qualifying officer shall notify the commission in writing of the names and addresses of all candidates and offices sought in any election within ten days of the close of the qualification period.
(b)
After receiving original reports, the commission has the duty to inspect each report filed by candidates or by a campaign committee for conformity with the law and to notify the candidate or campaign committee immediately if the report does not conform with the law or is in technical violation of filing requirements. Such notification shall be by electronic means and regular United States mail.
(c)
Within ten business days of the close of the qualification period, qualifying officers shall electronically report to the commission the names and addresses of all candidates and offices sought by each candidate in an election and the qualifying date for such candidate.
Amended by 2010 Ga. Laws 680,§ 13, eff. 1/10/2011.