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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-525 - Hearing; powers of court generally

(a)
Within 20 days after the return day fixed in the notice as provided in subsection (a) of Code Section
21-2-524
to the defendant, the presiding judge shall fix a place and time for the hearing of the contest proceeding. Such judge may fix additional hearings at such other times and places as are necessary to decide the contest promptly.
(b)
The court having jurisdiction of the action shall have plenary power, throughout the area in which the contested primary or election was conducted, to make, issue, and enforce all necessary orders, rules, processes, and decrees for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of this state, or which may be necessary and proper to carry out this chapter. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of and of any person capable of testifying concerning the same; to compel the production of evidence which may be required at such hearing, in like manner and to the same extent as in other civil cases litigated before such court; to take testimony; and to proceed without delay to the hearing and determination of such contest, postponing for the purpose, if necessary, all other business.
(c)
The court may, in its discretion, limit the time to be consumed in taking testimony, dividing such time equitably among all litigants concerned, with a view therein to the circumstances of the matter and to the proximity of the next succeeding primary or election.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-526 - Trial by jury

(a)
All issues of a contest shall be fully tried and determined by the court without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case; and the court shall determine that it is an issue which under other laws of this state the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases.
(b)
In a case contesting the result of a primary or election held in two or more counties, each issue to be tried by a jury shall be tried by a jury impaneled in the county where such issue or a part thereof arose. Such jury shall be impaneled by the superior court of the county in which the jury trial is to be conducted; such trial shall be presided over by the judge as described in Code Section
21-2-523
; and such trial shall proceed, insofar as practicable, as though it were being conducted in the county of the superior court having jurisdiction of the contest.
(c)
In a case contesting the result of a primary or election held within a single county, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case contesting the result of a primary or election held in two or more counties, the court shall require each jury impaneled to return only a special verdict in the form of a special written finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If, in so doing, the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his or her right to a trial by jury of the issue so omitted unless before the jury retires he or she demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-527 - Pronouncement of judgment; effect of finding of misconduct by poll officers; calling of second primary, election, or runoff by court upon finding of defects

(a)
After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that qualified candidate who received the requisite number of votes and shall pronounce judgment accordingly; and the clerk of the superior court shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved; and the clerk of the superior court shall certify such determination to the defendant.
(b)
When a defendant who has received the requisite number of votes for nomination, election, or to compete in a run-off primary or election is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid with regard to such nomination or office and shall call a second primary or election to fill such nomination or office and shall set the date for such second primary or election.
(c)
If misconduct is complained of on the part of the poll officers of any precinct, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such precinct would change such result.
(d)
Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the same candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid and shall set the date for such second primary, election, or runoff.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-527.1 - Right of parties to object to settlement; court approval

No settlement of any case under this article shall become effective unless:
(1)
All parties to such case have been given an opportunity to object to such settlement before the court; and
(2)
The court has approved such settlement.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-528 - Appeals from court's determination on contest petition

An appeal from the final determination of the court may be taken within ten days from the rendition thereof as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the appellate court for a stay or supersedeas, and such court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases.
Amended by 2016 Ga. Laws 626,§ 3-7, eff. 1/1/2017.
Amended by 2003 Ga. Laws 209, § 60, 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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-529 - Liability for costs; methods of collecting

The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election is confirmed, the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and, if the judgment is against the defendant or the result of the primary or election is set aside, he or she shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-541 - Holding of special primary or special election at time of general primary or general election

(a)
A special primary or election may be held at the time of a general primary or election.
(b)
If the times specified for the closing of the registration list for a special primary or special election are the same as those for a general primary or general election, the candidates and questions in such special primary or special election shall be included on the ballot for such general primary or general election. In such an instance, the name of the office and the candidates in such special primary or special election shall appear on the ballot in the position where such names would ordinarily appear if such contest was a general primary or general election.
Amended by 2021 Ga. Laws 9,§ 44, eff. 3/25/2021.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-541.1 - Terms for all municipal offices elected at general municipal elections

All municipal offices elected at general municipal elections shall be for terms of four years unless otherwise provided by local law in accordance with Code Section
21-2-541.2
. Unless otherwise provided for by the municipal charter, municipal officeholders shall be sworn in at their first organizational meeting of the new year and will hold office until their successors are duly elected and qualified and take said oath of office.
Amended by 2001 Ga. Laws 165, § 45, eff. 7/1/2001.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-541.2 - Providing by local law for terms of office

Notwithstanding Code Section
1-3-11
or any other provision of this chapter, the General Assembly is authorized to provide by local law:
(1)
For terms of two years for municipal offices, with the local law designating the offices to be elected and the time periods covered by such terms for each office;
(2)
For municipal offices to change from concurrent terms to staggered terms or from staggered terms to concurrent terms, with the local law designating the terms for each office;
(3)
For such terms to be staggered terms, with the local law designating the terms for each office;
(4)
For general municipal elections to fill such offices to be held on the Tuesday next following the first Monday in November in even-numbered years and on such day biennially thereafter and on the Tuesday next following the first Monday in November in odd-numbered years and on such day biennially thereafter;
(5)
For municipal offices elected pursuant to a prior local law authorized by this Code section to change to terms of office of four years, with the local law designating the offices to be elected and the time periods covered by such terms for each office;
(6)
For general municipal elections to fill such offices to be held on the Tuesday next following the first Monday in November in any year during the first six years immediately following the enactment of a local law pursuant to this Code section as necessary for the purpose of changing the election and terms of any such municipal offices to conform to this Code section;
(7)
For initial terms of one, two, three, or four years as necessary to change the terms of such offices to four-year concurrent or staggered terms of office; and
(8)
Except as authorized in paragraph (6) of this Code section, for general municipal elections to be held on the Tuesday next following the first Monday in November of any odd-numbered year.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-542 - Special primary and special election for United States senator vacancy; temporary appointment by Governor

Whenever a vacancy shall occur in the representation of this state in the Senate of the United States, such vacancy shall be filled for the unexpired term by the vote of the electors of the state at a special primary to be held at the time of the next general primary followed by a special election to be held at the time of the next November state-wide general election, occurring at least 40 days after the occurrence of such vacancy; and it shall be the duty of the Governor to issue his or her proclamation for such special primary and special election. Until such time as the vacancy shall be filled by an election as provided in this Code section, the Governor may make a temporary appointment to fill such vacancy.
Amended by 2021 Ga. Laws 9,§ 45, eff. 3/25/2021.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-543 - Special election for United States congressional representative vacancy

Whenever a vacancy shall occur or exist in the office of Representative in the United States Congress from this state the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-543.1 - Procedures for filling vacancies in federal House of Representatives

In extraordinary circumstances, where the Speaker of the House of Representatives in the United States Congress announces that there are more than 100 vacancies in the federal House of Representatives, the Governor shall issue, within five days after the speaker announces that such number of vacancies exists, a writ of election to the Secretary of State for a special election to fill any such vacancy from this state, which election shall be held on the date named in the writ, which shall not be more than 49 days after the speaker announces that such number of vacancies exists.
Amended by 2020 Ga. Laws 521,§ 21, eff. 7/29/2020.
Added by 2008 Ga. Laws 706,§ 15, eff. 7/1/2008.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-545 - Procedure as to unopposed candidates

Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held in such precinct. The proper officials of the unopposed candidate's political party shall certify him or her as the party nominee for the office involved for the purpose of having his or her name placed upon the special election ballots or ballot labels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself or herself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he or she certifies other candidates nominated pursuant to Code Section
21-2-493
.
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 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-540 — 21-2-546) › Section 21-2-546 - Filling chief judge vacancies in civil and magistrate courts

Notwithstanding any other law to the contrary, in each county in this state in which there is a civil and magistrate court established by local Act of the General Assembly, vacancies in the office of chief judge of such court caused by death, retirement, resignation, or otherwise shall be filled by the appointment of a qualified person by the Governor to serve until a successor is duly elected and qualified and until January 1 of the year following the next general election which is more than six months following such person's appointment.
Added by 2021 Ga. Laws 9,§ 46, eff. 3/25/2021.
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 21-2-560 - Making of false statements generally

Except as otherwise provided in Code Section
21-2-565
, any person who shall make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined, or acted upon by any public official, in accordance with 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 21-2-561 - False registration

Any person who:
(1)
Registers as an elector knowing that such elector does not possess the qualifications required by law;
(2)
Registers as an elector under any other name than the elector's own name; or
(3)
Knowingly gives false information when registering as an elector
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 2007 Ga. Laws 259,§ 3, 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 21-2-562 - Fraudulent entries; unlawful alteration or destruction of entries; unlawful removal of documents; neglect or refusal to deliver documents

(a)
Any person who willfully:
(1)
Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election;
(2)
Alters materially or intentionally destroys any entry which has been lawfully made therein; or
(3)
Takes or removes any book, affidavit, return, account, ballot, or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by 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.
(b)
Any person who willfully neglects or refuses, within the time and in the manner required by this chapter, to deliver any such document described in subsection (a) of this Code section into the custody of the officers who are required by this chapter to use or keep the same shall be guilty of a misdemeanor.
Amended by 2010 Ga. Laws 632,§ 26, eff. 7/1/2010.
Amended by 2007 Ga. Laws 259,§ 4, 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 21-2-563 - Improper signing or alteration of nomination petitions or affidavits

Any person who knowingly and willfully:
(1)
Signs any nomination petition without having the qualifications prescribed by this chapter;
(2)
Sets any false statement opposite the signature on a nomination petition;
(3)
Signs more nomination petitions than permitted by this chapter;
(4)
Makes a false statement in any affidavit required by this chapter to be appended to or to accompany a nomination petition;
(5)
Signs any name not his or her own to any nomination petition; or
(6)
Materially alters any nomination petition without the consent of the signers
shall be guilty of a felony.
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 21-2-564 - Willful destruction, fraudulent filing, or suppression of nomination materials

Any person who willfully makes any false nomination certificate or defaces or destroys any nomination petition, nomination certificate, or nomination paper, or letter of withdrawal, knowing the same, or any part thereof, to be made falsely, or suppresses any nomination petition, nomination certificate, or nomination paper or any part thereof which has been duly filed shall be guilty of a felony.
Amended by 2020 Ga. Laws 521,§ 21, eff. 7/29/2020.
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 21-2-565 - Making of false statements in connection with filing notice of candidacy or qualifying as candidate for party nomination; duties of district attorney as to violations

(a)
Any person knowingly making any false statement in connection with filing a notice of candidacy under Code Section
21-2-132
or in connection with qualifying as a candidate for party nomination under Code Section
21-2-153
commits the offense of false swearing.
(b)
The district attorney of any judicial circuit or of the county in which all or the greater portion of any municipality is situated shall furnish all investigative personnel and facilities to the Secretary of State, the superintendent, or political party, as the case may be, as needed to determine the accuracy and correctness of all facts set forth in the affidavits filed pursuant to Code Sections
21-2-132
and
21-2-153
and shall commence prosecution of any person when it appears that a violation of this Code section has occurred.
(c)
Where proper venue of any such prosecution would be in another county, the district attorney whose office conducted the investigation shall forward all evidence and other data to the district attorney of the county where venue is proper; and prosecution shall be commenced by such official.
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 21-2-566 - Interference with primaries and elections generally

Any person who:
(1)
Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter;
(2)
Uses or threatens violence in a manner that would prevent a reasonable poll officer, election official, or poll watcher or actually prevents a poll officer, election official, or poll watcher, as provided for by Code Section
21-2-408
, from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of a poll officer, election official, or poll watcher's, as provided for by Code Section
21-2-408
, duties;
(3)
Willfully blocks or attempts to block the avenue to the door of any polling place;
(4)
Uses or threatens violence in a manner that would prevent a reasonable elector from voting or actually prevents any elector from voting;
(5)
Willfully prepares or presents to any poll officer a fraudulent voter's certificate not signed by the elector whose certificate it purports to be;
(6)
Knowingly deposits fraudulent ballots in the ballot box;
(7)
Knowingly registers fraudulent votes upon any voting machine; or
(8)
Willfully tampers with any electors list, voter's certificate, numbered list of voters, ballot box, voting machine, direct recording electronic (DRE) equipment, electronic ballot marker, or tabulating machine 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 2024 Ga. Laws 599,§ 7, eff. 7/1/2024.
Amended by 2019 Ga. Laws 24,§ 44, eff. 4/2/2019.
Amended by 2008 Ga. Laws 706,§ 16, eff. 7/1/2008.
Amended by 2007 Ga. Laws 259,§ 5, eff. 7/1/2007.
Amended by 2003 Ga. Laws 209, § 61, 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 21-2-567 - Intimidation of electors

(a)
Any person who uses or threatens to use force and violence, or acts in any other manner to intimidate any other person, to:
(1)
Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitted to electors at such primary or election; or
(2)
Place or refrain from placing his or her name upon a register of electors
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.
(b)
As used in this Code section, the term "acts in any other manner to intimidate" means to undertake or pursue a knowing and willful course of conduct which causes emotional distress by placing another person in reasonable fear for such person's safety or for the safety of another person and which serves no legitimate purpose.
Amended by 2008 Ga. Laws 706,§ 17, eff. 7/1/2008.
Amended by 2007 Ga. Laws 259,§ 6, 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 21-2-568 - Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector's vote; influencing voter while assisting

(a)
Any person who knowingly:
(1)
Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or registers the vote for another, except in strict accordance with this chapter;
(2)
Interferes with any elector marking his or her ballot or registering his or her vote;
(3)
Attempts to induce any elector to show how he or she marks or has marked his or her ballot;
(4)
Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding; or
(5)
Accepts an absentee ballot from an elector for delivery or return to the board of registrars except as authorized by subsection (a) of Code Section
21-2-385
shall be guilty of a felony.
(b)
Any person who, while giving lawful assistance to another, attempts to influence the vote of the elector he or she is assisting or marks a ballot or registers a vote in any other way than that requested by the voter he or she is assisting 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 2021 Ga. Laws 9,§ 47, eff. 3/25/2021.
Amended by 2010 Ga. Laws 632,§ 27, eff. 7/1/2010.
Amended by 2008 Ga. Laws 706,§ 18, eff. 7/1/2008.
Amended by 2007 Ga. Laws 259,§ 7, 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 21-2-568.1 - Intentional observation of voting

(a)
Except while providing authorized assistance in voting under Code Section
21-2-409
and except for children authorized to be in the enclosed space under subsection (f) of Code Section
21-2-413
, no person shall intentionally observe an elector while casting a ballot in a manner that would allow such person to see for whom or what the elector is voting.
(b)
Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a felony.
Added by 2021 Ga. Laws 9,§ 48, eff. 3/25/2021.
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 21-2-568.2 - Photographic and other electronic monitoring of ballots prohibited

(a)
It shall be illegal for any person to use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones, except as authorized by law, to:
(1)
Photograph or record the face of an electronic ballot marker while a ballot is being voted or while an elector's votes are displayed on such electronic ballot marker; or
(2)
Photograph or record a voted ballot.
(b)
Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
Added by 2021 Ga. Laws 9,§ 48, eff. 3/25/2021.
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 21-2-569 - Interfering with poll officers

Any person, including any poll officer, who willfully prevents any poll officer from performing the duties imposed on him or her by this chapter shall be guilty of a felony.
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 21-2-570 - Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate

Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony.
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 21-2-571 - Voting by unqualified elector or giving false information

Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section
21-2-223
or who knowingly gives false information to poll officers in an attempt to vote in any primary or election 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 2007 Ga. Laws 259,§ 8, 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 21-2-572 - Repeat voting in same primary or election

Any person who votes in more than one precinct in the same primary or election or otherwise fraudulently votes more than once at the same primary or election 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 2007 Ga. Laws 259,§ 9, 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 21-2-573 - Absentee voting by unqualified elector

Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter who knows that he or she is not qualified to vote 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 2008 Ga. Laws 706,§ 19, eff. 7/1/2008.
Amended by 2007 Ga. Laws 259,§ 10, 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 21-2-574 - Unlawful possession of ballots

Any person, other than an officer charged by law with the care of ballots or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his or her possession outside the polling place any official ballot shall be guilty of a felony.
Amended by 2010 Ga. Laws 632,§ 28, 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 21-2-575 - Counterfeit ballots or ballot labels; sample or facsimile ballots

(a)
Any person who makes, constructs, or has in his or her possession any counterfeit of an official ballot or ballot label shall be guilty of a felony.
(b)
This Code section shall not be applied to facsimile ballots printed and published as an aid to electors in any newspaper generally and regularly circulated within this state, so long as such facsimile ballot is at least 25 percent larger or smaller than the official ballot of which it is a facsimile. This Code section shall not be applied to any sample or facsimile ballots or ballot labels obtained under Code Section
21-2-400
. Nothing in this Code section shall be so construed as to prohibit the procurement and distribution of reprints of the said newspaper printings; nor shall it be so construed as to prohibit the preparation and distribution by election officials of facsimile ballots and ballot labels or portions thereof, provided that they are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels.
(c)
Nothing in this Code section shall be so construed as to prohibit any person from procuring and distributing reprints or portions of reprints of any sample or facsimile ballots or ballot labels as provided in Code Section
21-2-400
, provided such reprints or portions of reprints are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels.
Amended by 2010 Ga. Laws 632,§ 29, 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 21-2-576 - Destroying, defacing, or delaying delivery of ballots

Any person who willfully destroys or defaces any ballot or willfully delays the delivery of any ballots shall be guilty of a misdemeanor.
Amended by 2010 Ga. Laws 632,§ 30, 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 21-2-577 - Improper removal of ballots from book of official ballots

Any person removing any ballot from any book of official ballots, except in the manner provided 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 21-2-578 - Unfolding, opening, or prying into ballots

Any person who, before any ballot is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries into any such ballot with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor.
Amended by 2010 Ga. Laws 632,§ 31, 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 21-2-579 - Fraudulently allowing ballot or voting machine to be seen; casting unofficial ballot; receiving unauthorized assistance in voting

Any voter at any primary or election who:
(1)
Allows his or her ballot or the face of the voting machine used by him or her to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he or she is about to vote;
(2)
Casts or attempts to cast any other than the official ballot which has been given to him or her by the proper poll officer, or advises or procures another to do so;
(3)
Without having made the affirmation under oath or declaration required by Code Section
21-2-409
, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or to register his or her vote on the voting machine or direct recording electronic (DRE) equipment or use an electronic ballot marker; or
(4)
States falsely to any poll officer that because of his or her inability to read the English language or because of blindness, near-blindness, or other physical disability he or she cannot mark the ballot or operate the voting machine without assistance
shall be guilty of a misdemeanor.
Amended by 2019 Ga. Laws 24,§ 45, eff. 4/2/2019.
Amended by 2010 Ga. Laws 632,§ 32, eff. 7/1/2010.
Amended by 2003 Ga. Laws 209, § 62, 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 21-2-580 - Tampering with, damaging, improper preparation of, or prevention of proper operation of voting machines or electronic ballot markers or tabulating machines

Any person who:
(1)
Unlawfully opens, tampers with, or damages any voting machine or electronic ballot marker or tabulating machine to be used or being used at any primary or election;
(2)
Willfully prepares a voting machine or an electronic ballot marker or tabulating machine for use in a primary or election in improper order for voting; or
(3)
Prevents or attempts to prevent the correct operation of such electronic ballot marker or tabulating machine or voting machine
shall be guilty of a felony.
Amended by 2019 Ga. Laws 24,§ 46, eff. 4/2/2019.
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 21-2-581 - Unauthorized making or possession of voting machine key

Any unauthorized person who makes or knowingly has in his or her possession a key to a voting machine to be used or being used in any primary or election shall be guilty of a felony.
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 21-2-582 - Tampering with, damaging, or preventing of proper operation of direct recording electronic equipment or electronic ballot marker or tabulating machine or device

Any person who tampers with or damages any direct recording electronic (DRE) equipment or electronic ballot marker or tabulating machine or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operation of any direct recording electronic (DRE) equipment or electronic ballot marker or tabulating machine or device shall be guilty of a felony.
Amended by 2019 Ga. Laws 24,§ 47, eff. 4/2/2019.
Amended by 2003 Ga. Laws 209, § 63, 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 21-2-582.1 - Penalty for voting equipment modification

(a)
For the purposes of this Code section, the term "voting equipment" shall mean a voting machine, tabulating machine, optical scanning voting system, direct recording electronic voting system, or electronic ballot marker.
(b)
Any person or entity, including, but not limited to, a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony.
Amended by 2019 Ga. Laws 24,§ 48, eff. 4/2/2019.
Amended by 2003 Ga. Laws 209, § 64, eff. 7/1/2003.
Added by 2001 Ga. Laws 164.
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 21-2-583 - Removal or destruction of election supplies or conveniences

Any person who:
(1)
Prior to any primary or election, willfully defaces, removes, or destroys any notice or list of candidates posted in accordance with this chapter;
(2)
During any primary or election, willfully defaces, tears down, removes, or destroys any card of instructions, notice of penalties, or diagram printed or posted for the instruction of electors; or
(3)
During any primary or election, willfully removes or destroys any of the supplies or conveniences furnished to any polling place in order to enable electors to vote or the poll officers to perform their duties
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 21-2-584 - Refusal or failure of manager to administer oath to poll officer; poll officer acting without being sworn; giving of false certification as to swearing of poll officer

If any manager refuses or willfully fails to administer the oath to the poll officer in the manner required by this chapter, or if any poll officer shall knowingly act without being first duly sworn, or if any such person shall sign the written form of oath without being duly sworn, or if any manager or any other person authorized to administer oaths shall certify that any such person was sworn when he or she was not, he or she 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 21-2-585 - Refusal by superintendent or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents

(a)
Any superintendent or employee of his or her office who willfully refuses to permit the public inspection or copying, in accordance with this chapter, of any general or duplicate return sheet, tally paper, affidavit, petition, certificate, paper, account, contract, report, or any other document or record in his or her custody, or who willfully removes any such document or record from his or her office during said period, or who permits the same to be removed, except pursuant to the direction of any competent authority, shall be guilty of a misdemeanor.
(b)
Any superintendent or employee of his or her office who willfully destroys or alters, or permits to be destroyed or altered, any document described in subsection (a) of this Code section during the period for which the same is required to be kept shall be guilty of a felony.
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 21-2-586 - Refusal by Secretary of State or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents

(a)
If the Secretary of State or any employee of his or her office willfully refuses to permit the public inspection or copying, in accordance with this chapter, of any return, petition, certificate, paper, account, contract, report, or any other document or record in his or her custody, except when in use, or willfully removes any such document or record from his or her office during such period or permits the same to be removed, except pursuant to the direction of competent authority, the Secretary of State or employee of his or her office shall be guilty of a misdemeanor.
(b)
If the Secretary of State or any employee of his or her office willfully destroys, alters, or permits to be destroyed or altered any document described in subsection (a) of this Code section during the period for which the same is required to be kept in his or her office, the Secretary of State or employee of his or her office shall be guilty of a felony.