TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-587. Frauds by poll officers.

Any poll officer who willfully:

1. Makes a false return of the votes cast at any primary or election;
2. Deposits fraudulent ballots in the ballot box or certifies as correct a false return of ballots;
3. Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine;
4. Makes any false entries in the electors list;
5. Destroys or alters any ballot, voter's certificate, or electors list;
6. Tampers with any voting machine, direct recording electronic (DRE) equipment, or tabulating computer or device;
7. Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or
8. Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled and canceled ballots, ballots deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate or any other paper or record required to be returned under this chapter

   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.

(Orig. Code 1863, § 1238; Code 1868, § 1319; Code 1873, § 1292; Code 1882, § 1292; Civil Code 1895, § 74; Civil Code 1910, § 84; Code 1933, § 34-1501; Code 1933, § 34-1921, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1985, p. 206, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 65; Ga. L. 2007, p. 536, § 11/SB 40; Ga. L. 2010, p. 914, § 33/HB 540.)

The 2007 amendment, effective July 1, 2007, added "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" at the end of the undesignated ending paragraph.

The 2010 amendment, effective July 1, 2010, deleted "or ballot cards" following "ballots" twice each in paragraphs (2) and (8); and deleted "ballot card," following "ballot," in paragraph (5).