Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 21-2-568 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-568. Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector's vote; influencing voter while assisting.

  1. Any person who knowingly:
    1. Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or registers the vote for another, except in strict accordance with this chapter;
    2. Interferes with any elector marking his or her ballot or registering his or her vote;
    3. Attempts to induce any elector before depositing his or her ballot to show how he or she marks or has marked his or her ballot; or
    4. Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding

      shall be guilty of a felony.

  2. Any person who, while giving lawful assistance to another, attempts to influence the vote of the elector he or she is assisting or marks a ballot or registers a vote in any other way than that requested by the voter he or she is assisting 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, § 34-1926, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1989, p. 1090, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 7/SB 40; Ga. L. 2008, p. 781, § 18/HB 1112; Ga. L. 2010, p. 914, § 27/HB 540.)

The 2007 amendment, effective July 1, 2007, designated the existing provisions as subsection (a); added "or" to the end of paragraph (a)(3); deleted former paragraph (a)(4) which read: "While giving lawful assistance to another, attempts to influence the vote of the elector whom he or she is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter whom he or she is assisting; or"; redesignated former paragraph (a)(5) as present paragraph (a)(4); substituted "felony" for "misdemeanor" at the end of the undesignated paragraph in subsection (a); and added subsection (b).

The 2008 amendment, effective July 1, 2008, in the introductory language of subsection (a), added "knowingly" at the end; and, in paragraph (a)(4), inserted "without said elector's consent," near the middle.

The 2010 amendment, effective July 1, 2010, deleted "or ballot card" following "ballot" throughout this Code section.

Cross references.

- Conduct by electors within voting compartment or booth, and as to campaign activities within vicinity of polling place, §§ 21-2-413,21-2-414.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- An offense under O.C.G.A. § 21-2-568 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.

RESEARCH REFERENCES

C.J.S.

- 29 C.J.S., Elections, §§ 543 et seq., 556 et seq.

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