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2018 Georgia Code 21-2-575 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-575. Counterfeit ballots or ballot labels; sample or facsimile ballots.

  1. Any person who makes, constructs, or has in his or her possession any counterfeit of an official ballot or ballot label shall be guilty of a felony.
  2. This Code section shall not be applied to facsimile ballots printed and published as an aid to electors in any newspaper generally and regularly circulated within this state, so long as such facsimile ballot is at least 25 percent larger or smaller than the official ballot of which it is a facsimile. This Code section shall not be applied to any sample or facsimile ballots or ballot labels obtained under Code Section 21-2-400. Nothing in this Code section shall be so construed as to prohibit the procurement and distribution of reprints of the said newspaper printings; nor shall it be so construed as to prohibit the preparation and distribution by election officials of facsimile ballots and ballot labels or portions thereof, provided that they are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels.
  3. Nothing in this Code section shall be so construed as to prohibit any person from procuring and distributing reprints or portions of reprints of any sample or facsimile ballots or ballot labels as provided in Code Section 21-2-400, provided such reprints or portions of reprints are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels.

(Ga. L. 1949, p. 1291, § 2A; Code 1933, § 34-1913, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 25; Ga. L. 1980, p. 1256, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 29/HB 540.)

The 2010 amendment, effective July 1, 2010, deleted ", ballot card," following "ballot" in subsection (a).

OPINIONS OF THE ATTORNEY GENERAL

Distribution of sample ballots.

- Ordinary (now superintendent) does not have authority to distribute electorate sample ballots prior to the next general election; even if such authority were contained in the Georgia Election Code, it is extremely doubtful whether public funds could be used. 1968 Op. Att'y Gen. No. 68-4.

Facsimile ballots may be printed in general circulation newspaper.

- While the printing or possession of a counterfeit of an official ballot constitutes a felony, facsimile ballots may be printed in any newspaper generally circulated within the state as an aid to the electors. 1965-66 Op. Att'y Gen. No. 66-135.

RESEARCH REFERENCES

C.J.S.

- 29 C.J.S., Elections, § 553.

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