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2018 Georgia Code 21-2-579 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-579. Fraudulently allowing ballot or voting machine to be seen; casting unofficial ballot; receiving unauthorized assistance in voting.

Any voter at any primary or election who:

  1. Allows his or her ballot or the face of the voting machine used by him or her to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he or she is about to vote;
  2. Casts or attempts to cast any other than the official ballot which has been given to him or her by the proper poll officer, or advises or procures another to do so;
  3. Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or to register his or her vote on the voting machine or direct recording electronic (DRE) equipment; or
  4. States falsely to any poll officer that because of his or her inability to read the English language or because of blindness, near-blindness, or other physical disability he or she cannot mark the ballot or operate the voting machine without assistance

    shall be guilty of a misdemeanor.

(Code 1933, § 34-1925, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1989, p. 911, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 62; Ga. L. 2010, p. 914, § 32/HB 540.)

The 2010 amendment, effective July 1, 2010, deleted ", ballot card," following "ballot" in paragraph (1); and deleted "or ballot card" following "ballot" in paragraphs (2) and (4).

Cross references.

- Fraud generally, § 23-2-50 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- An offense under O.C.G.A. § 21-2-579 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 Georgia Code 21-2-579 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: 21-2-562(a)(1); 21-2-568(1); 21-2-568(4); 21-2-579(3); 21-2-579(4).