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2018 Georgia Code 21-2-573 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-573 Case Law from Google Scholar Amendments to OCGA 21-2-573

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-573. Absentee voting by unqualified elector.

Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter who knows that he or she is not qualified to vote 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, § 34-1932, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 10/SB 40; Ga. L. 2008, p. 781, § 19/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 this Code section.

The 2008 amendment, effective July 1, 2008, deleted "and" following "of this chapter" and inserted "knows that he or she" near the middle.

JUDICIAL DECISIONS

Construction.

- O.C.G.A. § 21-2-573 has never defined who is eligible to vote because the phrase "is not qualified to vote" encompasses persons who do not meet the qualifications to vote at all in the relevant election, O.C.G.A. § 21-2-216 (setting forth qualifications of electors), apart from whether the electors meet whatever qualifications might have existed for voting by absentee ballot; the General Assembly clarified that any elector can seek to vote by absentee ballot without having a reason, yet the legislature did not amend § 21-2-573, indicating that electors can still violate § 21-2-573 if the electors are not qualified to vote at all. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- An offense under O.C.G.A. § 21-2-573 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.

C.J.S.

- 29 C.J.S., Elections, § 547.

Cases Citing O.C.G.A. § 21-2-573

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Spalding Cnty. Bd. of Elections v. McCord, 700 S.E.2d 558 (Ga. 2010).

Cited 9 times | Published | Supreme Court of Georgia | Oct 4, 2010 | 287 Ga. 835, 2010 Fulton County D. Rep. 3177

...We therefore reverse the trial court's ruling. Judgment reversed. All the Justices concur. NOTES [1] The validity of the voter identification requirements has not been challenged in this case. Compare Democratic Party of Georgia v. Perdue, Case No. S10A1517. [2] McCord also contends that OCGA § 21-2-573 supports the trial court's interpretation of OCGA § 21-2-380(a). OCGA § 21-2-573 provides that "[a]ny person who votes or attempts to vote by absentee ballot ....
...who knows that he or she is not qualified to vote shall be guilty of a felony." McCord argues that, if any registered voter can vote by absentee ballot without needing a reason to do so, it cannot be a crime to vote as an unqualified absentee voter. However, OCGA § 21-2-573 has never defined who is eligible to vote; instead, the phrase "is not qualified to vote" encompasses persons who do not meet the qualifications to vote at all in the relevant election, see OCGA § 21-2-216 (setting forth qualifications o...
...tions might have existed for voting by absentee ballot. The 2010 amendment to OCGA § 21-2-380 confirms this view. The General Assembly clarified that any elector can seek to vote by absentee ballot without having a reason, yet it did not amend OCGA § 21-2-573, indicating that electors can still violate OCGA § 21-2-573 if they are not qualified to vote at all.