Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 21-2-566 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

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 or actually prevents a poll officer from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of a poll officer's 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, 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.

(Code 1933, § 34-1924, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1985, p. 206, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 61; Ga. L. 2007, p. 536, § 5/SB 40; Ga. L. 2008, p. 781, § 16/HB 1112.)

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.

The 2008 amendment, effective July 1, 2008, in paragraph (2), substituted "in a manner that would prevent a reasonable poll officer or actually prevents a poll officer from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of a poll officer's duties" for "to any poll officer or interrupts or improperly interferes with the execution of his or her duty"; and, in paragraph (4), substituted "in a manner that would prevent a reasonable elector from voting or actually prevents any elector" for "to any elector to prevent him or her" near the end.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Penal Code 1910, § 660 are included in the annotations for this Code section.

Primary elections content of section 660, subsection 6, Penal Code 1910, which provided that any person who shall deposit a ballot at any election in any name other than that person's own name, as it appears on the list of registered voters prescribed by law, shall be guilty of a misdemeanor. George v. State, 18 Ga. App. 753, 90 S.E. 493 (1916); Mark v. State, 18 Ga. App. 754, 90 S.E. 493 (1916) (decided under former Penal Code 1910, § 660).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 457.

C.J.S.

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

No results found for Georgia Code 21-2-566.