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2018 Georgia Code 21-2-562 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-562 Case Law from Google Scholar Amendments to OCGA 21-2-562

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-562. Fraudulent entries; unlawful alteration or destruction of entries; unlawful removal of documents; neglect or refusal to deliver documents.

  1. 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.

  2. 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.

(Ga. L. 1958, p. 269, § 46; Code 1933, § 34-1905, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1977, p. 313, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 4/SB 40; Ga. L. 2010, p. 914, § 26/HB 540.)

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 in subsection (a).

The 2010 amendment, effective July 1, 2010, deleted "or ballot card" following "account, ballot" in paragraphs (a)(1) and (a)(3).

Cross references.

- Fraud generally, § 23-2-50 et seq. and Ch. 6, T. 51.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- An offense under O.C.G.A. § 21-2-562 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 452, 453.

C.J.S.

- 29 C.J.S., Elections, §§ 543, 547 et seq., 550 et seq.

Cases Citing Georgia Code 21-2-562 From Courtlistener.com

Total Results: 1

McCranie v. Mullis

Court: Supreme Court of Georgia | Date Filed: 1996-12-05

Citation: 478 S.E.2d 377, 267 Ga. 416, 96 Fulton County D. Rep. 4292, 1996 Ga. LEXIS 940

Snippet: O.C.G.A. § 21-2-409(a). [10] See O.C.G.A. §§ 21-2-562(a)(1); 21-2-568(1); 21-2-568(4); 21-2-579(3);