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2018 Georgia Code 21-2-590 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-590 Case Law from Google Scholar Amendments to OCGA 21-2-590

TITLE 21 ELECTIONS

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

ARTICLE 15 MISCELLANEOUS OFFENSES

21-2-590. Poll officer permitting unregistered or unqualified persons to vote; refusing to permit registered and qualified persons to vote; unlawful rendering of assistance.

Any poll officer who:

  1. Permits any unregistered person to vote at any primary or election, knowing such person is unregistered;
  2. Permits any person registered as an elector to vote, knowing that such person is not qualified to vote, whether or not such person has been challenged;
  3. Refuses to permit any duly registered and qualified person to vote at any primary or election, with the knowledge that such person is entitled to vote; or
  4. Renders assistance to an elector in voting in violation of Code Section 21-2-409, or knowingly permits another person to render such assistance in violation of Code Section 21-2-409

    shall be guilty of a felony.

(Code 1933, § 34-1920, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 12/SB 40.)

The 2007 amendment, effective July 1 2007, substituted "felony" for "misdemeanor" at the end of the ending undesignated paragraph.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of provisions, decisions under former Code 1895, § 67 and former Code 1910, § 77 are included in the annotations for this Code section.

Purpose.

- This section was not intended to make legal the rejection by the election managers of persons legally entitled to vote. Its purpose was to protect the election managers from liability when they did not knowingly reject the votes of persons who proposed to vote, and to safeguard pro tanto the right of persons entitled to register and vote from being prohibited so to do by the managers when these officers knew that the prohibition was illegal. Briscoe v. Between Consol. Sch. Dist., 171 Ga. 820, 156 S.E. 654 (1931) (decided under former Code 1910, § 77).

Liability for innocent denial of voting right.

- A superintendent of elections, having taken the prescribed statutory oath, is not criminally liable in the absence of fraud or malice when under a mistaken interpretation of the Constitution the superintendent denies an elector the right to vote. Seeley v. Koox, 21 F. Cas. 1014 (S.D. Ga. 1874) (No. 12,630) (decided under former Code 1895, § 67).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- An offense under O.C.G.A. § 21-2-590 would 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, § 453.

C.J.S.

- 29 C.J.S., Elections, § 548.

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