O.C.G.A.
O.C.G.A.

O.C.G.A. § 21-2-570 (2019)

Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony.

History

Laws 1840, Cobb’s 1851 Digest, p. 819; Code 1863, § 4443; Code 1868, § 4485; Code 1873, § 4569; Ga. L. 1880-81, p. 129, § 1; Code 1882, § 4569; Penal Code 1895, § 629; Ga. L. 1904, p. 97, § 1; Ga. L. 1905, p. 111, § 1; Ga. L. 1906, p. 46, § 1; Penal Code 1910, §§ 665, 675; Code 1933, §§ 34-9907, 34-9926; Code 1933, § 341933, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 18.

Annotations

Cross references. Penalty for selling of public office, § 4511-2. Administrative rules and regulations. Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Penalties, § 183-1-19-.01.

JUDICIAL DECISIONS This section was not void for vagueness or overbreadth. King v. State, 244 Ga. 536, 261 S.E.2d 333, 1979 Ga. LEXIS 1330 (1979). Buying or selling votes is immoral and note given in such transaction is void. Exchange Nat’l Bank v. Henderson, 139 Ga. 260, 77 S.E. 36, 1913 Ga. LEXIS 398 (1913).

For sufficiency of an indictment and evidence in a prosecution under this section, see Lepinsky v. State, 7 Ga. App. 285, 66 S.E. 965, 1910 Ga. App. LEXIS 242 (1910). For sufficiency of indictment, see Cohen, Murrah & Pierce v. State, 104 Ga. 734, 30 S.E. 932, 1898 Ga. LEXIS 415 (1898).

RESEARCH REFERENCES Am. Jur. 2d. 26 Am. Jur. 2d, Elections, § 450. C.J.S. 29 C.J.S., Elections, §§ 579, 580. ALR. Acts of others upon which charges of

bribery or improper influencing of voters are predicated as chargeable to candidate, for purpose of disqualifying him for the office to which he is elected, 121 A.L.R. 601.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2020–2023 · leading case: Parham v. Stewart, 839 S.E.2d 605 (Ga. 2020).
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Parham v. Stewart, 839 S.E.2d 605 (Ga. 2020). · cites it 2× “” See OCGA § 21-2-570 (“Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of…”
Black Voters Matter Fund v. Raffensperger (N.D. Ga. 2020). · cites it 4× “) The “law” in question is the State Election Board’s official interpretation of O.C.G.A. § 21-2-570’s ban on gifts for registering as a voter.”
The New Georgia Proj. v. Raffensperger (N.D. Ga. 2023). “§ 21-2-570. According to Defendants, in recent elections, a growing number of organizations began approaching voters in line and offering items of value to voters.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.