Title 21

Except as otherwise provided in Code Section 21-2-565, any person who shall make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined, or acted upon by any public official, in accordance w…

Any person who: (1) Registers as an elector knowing that such elector does not possess the qualifications required by law; (2) Registers as an elector under any other name than the elector’s own name; or (3) Knowingly gives false information when registering as an elector shall be…

(a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter’s certificate, affidavit, tally paper, general or duplicate return sheet, statement,…

Any person who knowingly and willfully: (1) Signs any nomination petition without having the qualifications prescribed by this chapter; (2) Sets any false statement opposite the signature on a nomination petition; (3) Signs more nomination petitions than permitted by this chapter;…

Any person who willfully makes any false nomination certificate or defaces or destroys any nomination petition, nomination certificate, or nomination paper, or letter of withdrawal, knowing the same, or any part thereof, to be made falsely, or suppresses any nomination petition, no…

(a) Any person knowingly making any false statement in connection with filing a notice of candidacy under Code Section 21-2-132 or in connection with qualifying as a candidate for party nomination under Code Section 21-2-153 commits the offense of false swearing. (b) The district …

Any person who: (1) Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter; (2) Uses or threatens violence in a manner that would prevent a reasonable poll officer or actually prevents a poll officer from the execution o…

(a) Any person who uses or threatens to use force and violence, or acts in any other manner to intimidate any other person, to: (1) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submit…

(a) Any person who knowingly: (1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or re…

(a) Except while providing authorized assistance in voting under Code Section 21-2-409 and except for children authorized to be in the enclosed space under subsection (f) of Code Section 21-2-413, no person shall intentionally observe an elector while casting a ballot in a manner…

(a) It shall be illegal for any person to use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones, except as authorized by law, to: (1) Photograph or record the face of an electronic ballot marker while a ballot is being voted or whil…

Any person, including any poll officer, who willfully prevents any poll officer from performing the duties imposed on him or her by this chapter shall be guilty of a felony. History. Code 1933, § 34-1906, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.

Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony. History. Laws …

Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-2-22…

Any person who votes in more than one precinct in the same primary or election or otherwise fraudulently votes more than once at the same primary or election shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor mor…

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 …

Any person, other than an officer charged by law with the care of ballots or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his or her possession outside the polling place any official ballot shall be guilty of a felony.…

(a) 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. (b) This Code section shall not be applied to facsimile ballots printed and published as an aid to electors in any newspaper ge…

Any person who willfully destroys or defaces any ballot or willfully delays the delivery of any ballots shall be guilty of a misdemeanor. History. Code 1933, § 34-1914, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 30/HB 540.

Any person removing any ballot from any book of official ballots, except in the manner provided by this chapter, shall be guilty of a misdemeanor. History. Code 1933, § 34-1931, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.

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 t…

Any person who: (1) Unlawfully opens, tampers with, or damages any voting machine or electronic ballot marker or tabulating machine to be used or being used at any primary or election; (2) Willfully prepares a voting machine or an electronic ballot marker or tabulating machine fo…

Any unauthorized person who makes or knowingly has in his or her possession a key to a voting machine to be used or being used in any primary or election shall be guilty of a felony. History. Code 1933, § 34-1916, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295…

Any person who tampers with or damages any direct recording electronic (DRE) equipment or electronic ballot marker or tabulating machine or device to be used or being used at or in connection with any primary or election or who prevents or attempts to prevent the correct operatio…

(a) For the purposes of this Code section, the term “voting equipment” shall mean a voting machine, tabulating machine, optical scanning voting system, direct recording electronic voting system, or electronic ballot marker. (b) Any person or entity, including, but not limited to,…

Any person who: (1) Prior to any primary or election, willfully defaces, removes, or destroys any notice or list of candidates posted in accordance with this chapter; (2) During any primary or election, willfully defaces, tears down, removes, or destroys any card of instructions,…

If any manager refuses or willfully fails to administer the oath to the poll officer in the manner required by this chapter, or if any poll officer shall knowingly act without being first duly sworn, or if any such person shall sign the written form of oath without being duly swor…

(a) Any superintendent or employee of his or her office who willfully refuses to permit the public inspection or copying, in accordance with this chapter, of any general or duplicate return sheet, tally paper, affidavit, petition, certificate, paper, account, contract, report, or …

(a) If the Secretary of State or any employee of his or her office willfully refuses to permit the public inspection or copying, in accordance with this chapter, of any return, petition, certificate, paper, account, contract, report, or any other document or record in his or her c…

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…

Except as provided in Code Section 21-2-386, any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor. History. Code 1933, § 34-1…

Any poll officer who willfully: (1) Fails to file the voter’s certificate of any elector actually voting at any primary or election; (2) Fails to record voting information as required by this chapter; or (3) Fails to insert in the numbered list of voters the name of any person actu…

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 challe…

Any poll officer who permits a voter to be accompanied by another into the voting compartment or voting machine booth when such poll officer knows that the disability which the voter declared at the time of registration no longer exists or that the disability which the voter decl…

Any poll officer who willfully fails to keep a record, as required by Code Section 21-2-409, of the name of each voter who received assistance, the exact disability of any assisted voter which makes the assistance necessary, and the name of each person rendering assistance to a v…

Any law enforcement officer who: (1) Willfully neglects or refuses to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from entering, when called upon to do so by any poll officer or elector of the precinct; (2) Willfully n…

Any printer employed to print any official ballots for use in a primary or election, or any person engaged in printing the same, who: (1) Appropriates to himself or herself or gives or delivers, or knowingly permits to be taken, any of said ballots by any unauthorized person; or …

Any public officer or any officer of a political party or body on whom a duty is laid by this chapter who willfully neglects or refuses to perform his or her duty shall be guilty of a misdemeanor. History. Code 1933, § 34-1935, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L…

Except as otherwise provided by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. History. Code 1981, § 21-2-598, enacted by Ga. L. 1998, p. 295, § 1.

Any person convicted of a misdemeanor under this chapter shall be subject to any one or more of the following, in the discretion of the trial judge: (1) A fine of not less than $100.00 nor more than $1,000.00; (2) A sentence of confinement in the county jail or other place of impri…

Except as otherwise provided, any person convicted of a felony under this chapter shall be punished by a fine not to exceed $10,000.00 or imprisonment of not less than one year nor more than ten years, or both, in the discretion of the trial court, or may be punished as for a misd…

Any person who intentionally uses the list of electors provided for in Code Section 21-2-225 for commercial purposes shall be guilty of a misdemeanor. History. Code 1981, § 21-2-600, enacted by Ga. L. 1990, p. 143, § 7; Ga. L. 1994, p. 1443, § 13; Code 1981, § 21-2-601, as redesi…

It shall be illegal to receive, accept, offer, or provide compensation for soliciting persons to register to vote based upon the number of persons registered and any person who knowingly receives, accepts, offers, or provides such compensation on such basis shall be guilty of a m…

A person commits the offense of conspiracy to commit election fraud when he or she conspires or agrees with another to commit a violation of this chapter. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been com…

(a)(1) A person commits the offense of criminal solicitation to commit election fraud in the first degree when, with intent that another person engage in conduct constituting a felony under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to …

Persons to remain outside enclosed space during voting, §21-2-413. Persons with disabilities. Absentee ballots. Assistance to disabled elector in preparing, §21-2-385. INDEX ELECTIONS —Cont’d Persons with disabilities —Cont’d Absentee ballots —Cont’d Preferential treatment for ol…