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2018 Georgia Code 21-2-567 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-567. Intimidation of electors.

  1. 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.

  2. 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.

(Code 1933, § 34-1934, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 6/SB 40; Ga. L. 2008, p. 781, § 17/HB 1112.)

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

The 2008 amendment, effective July 1, 2008, designated the existing provisions as subsection (a); in the introductory language of subsection (a), inserted "acts", and substituted "to intimidate" for "intimidates"; and added subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- An offense under O.C.G.A. § 21-2-567 would 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, § 457.

C.J.S.

- 29 C.J.S., Elections, § 551.

Cases Citing Georgia Code 21-2-567 From Courtlistener.com

Total Results: 1

Middleton v. Smith

Court: Supreme Court of Georgia | Date Filed: 2000-11-29

Citation: 539 S.E.2d 163, 273 Ga. 202

Snippet: duty to preserve order at polling places); OCGA § 21-2-567 (any person who intimidates an elector is guilty