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2018 Georgia Code 21-2-561 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-561 Case Law from Google Scholar Amendments to OCGA 21-2-561

TITLE 21 ELECTIONS

Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.

ARTICLE 15 MISCELLANEOUS OFFENSES

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.

(Ga. L. 1894, p. 115, § 13; Penal Code 1895, § 625; Penal Code 1910, § 660; Code 1933, § 34-9901; Code 1933, § 34-1902, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1994, p. 1443, § 11; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 3/SB 40.)

The 2007 amendment, effective July 1, 2007, added "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" at the end of the undesignated ending paragraph.

Editor's notes.

- Ga. L. 1994, p. 1443, § 28, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval [April 15, 1994] for the purpose of authorizing the Secretary of State to design and distribute such forms and materials and to develop, procure, and install such computer hardware and software as are required under the provisions of this Act and to exercise such administrative authority as such officer deems necessary and proper for the implementation of this Act. For all other purposes, this Act shall become effective January 1, 1995."

JUDICIAL DECISIONS

Applicability.

- This section was applicable in the case of one who removed disqualification and became a legal voter. Drake v. Drewry, 112 Ga. 308, 37 S.E. 432 (1900). See also Cole v. McClendon, 109 Ga. 183, 34 S.E. 384 (1899) (see O.C.G.A. § 21-2-561).

OPINIONS OF THE ATTORNEY GENERAL

"Legal" name.

- It is within the power of the state to require the use of one's "legal" name with respect to official records and documents. 1974 Op. Att'y Gen. No. 74-33.

Married woman to furnish legal surname.

- Georgia currently requires the use of one's "legal" name in connection with voter registration procedures, and more particularly with respect to a married woman's use of her husband's surname; thus it would be unlawful for a married woman who executes a voter registration card not to furnish both her maiden name and her legal surname (i.e., her husband's surname). 1974 Op. Att'y Gen. No. 74-33. But see O.C.G.A. 19-3-33.1.

Married woman not required to reregister upon marriage.

- There appears to be no general statutory requirement that a woman who properly registers in her maiden name before she is married must reregister and furnish her new "legal" name upon marriage. 1974 Op. Att'y Gen. No. 74-33.

Changing racial designation.

- Person may change the racial designation given on that voter's registration card without penalty. 1977 Op. Att'y Gen. No. 77-28.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 452.

C.J.S.

- 29 C.J.S., Elections, §§ 547, 548.

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