O.C.G.A. § 21-2-18 (2019)
Payment for costs of elections; no solicitation of additional funding
(a) As used in this Code section, the term:
(1) “Government employee” means any individual, committee, entity, or group acting in concert who are employed by a county or municipal government. Such term shall include, but not be limited to, election superintendents, registrars, poll workers, and the agents and employees thereof.
(2) “Person” means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, association, committee, corporation, whether operated for profit or not, or any other organization of a group of persons acting in concert, or any other nongovernmental third-party entity.
(b) All costs and expenses related to conducting primaries, elections, runoffs, or other undertakings authorized or required by this chapter shall be paid from lawfully appropriated public funds.
ELECTIONS & PRIMARIES
T.21, C.2, A.2, P.1, S.1
(c) Notwithstanding any other provision of law to the contrary, no county or municipal government, government employee, or election official shall solicit, take, or otherwise accept from any person a contribution, donation, service, or anything else of value for the purpose of conducting primaries or elections or in support of performing his or her duties under this chapter.
(d) This Code section shall not apply to the donation or use of locations for voting purposes, services provided by individuals without remuneration, or goods that have nominal value of less than $500.00.
(e) Violation of this Code section shall constitute a felony, and upon conviction shall be punished by imprisonment for not less than one year and by a fine of not less than $10,000.00.
History
Code 1981, § 21-2-18, enacted by Ga. L. 2023, p. 563, § 2/SB 222, effective May 3, 2023. Effective date. This Code section became effective May 3, 2023.
Annotations
Editor’s notes. Ga. L. 2023, p. 563, § 1/SB 222, not codified by the General Assembly, provides: “The General Assembly finds that the addition of Code Section 21-2-18 and
the revisions to Code Sections 21-2-71 and 21-2-212 in this bill should not be interpreted as an admission by the General Assembly that existing law did not already ban the outside funding of election administration in Georgia. These clarifications and enhancements were deemed necessary because there seemed to be some confusion among certain Georgia counties as to the correct interpretation of existing law.”
ARTICLE 2 SUPERVISORY BOARDS AND OFFICERS RESEARCH REFERENCES ALR. Result of election as affected by lack of title or by defective title of election officers, 1 A.L.R. 1535.
Law reviews. For article, “SB 202: Revisions to Georgia’s Election and Voting Procedures,” see 38 Ga. St. U.L. Rev. 105 (2021).
PART 1 STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION Subpart 1 State Election Board Administrative rules and regulations. Registration of electors, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, State Election Board, Chapter 183-1-6. Ballots, Official Compilation of the
T.21, C.2, A.2, P.1, S.1
Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Subject 183-1-11. Preparation for and conduct of prima-
ries and elections, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Subject 183-1-12.
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-110 and former Code Section 21-3-7 are included in the annotations for Subpart 1. Duty of board to be knowledgeable. - The decision whether to exercise the right to intervene in municipal election contests requires that the State Election Board be aware of the nature of the proceedings and of problems encountered in elections and election contests in order that it may properly perform its duties. Lyde v. City of Brunswick, 241 Ga. 554, 246 S.E.2d 673, 1978 Ga. LEXIS 1042
(1978) (decided under former Code 1933, § 34A-110). Petition seeking mandamus requiring officials to administer oath to elected candidates. - A petition seeking mandamus requiring city officials to administer the oath of office to persons who claim to have been elected as write-in candidates in a municipal election requires notice to the State Election Board, and the omission of the required notice constitutes a fatal defect. Lucken v. Falligant, 243 Ga. 816, 256 S.E.2d 788, 1979 Ga. LEXIS 1078 (1979) (decided under former Code 1933, § 34A-110).
RESEARCH REFERENCES ALR. Power to enjoin holding of an election, 33 A.L.R. 1376; 70 A.L.R. 733.
Power to enjoin canvassing votes and declaring result of election, 1 A.L.R.2d 588.