Title 21 — Elections
5 chapters · 451 sections in this title.
O.C.G.A. § 21-2-574 Unlawful possession of ballots
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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.
O.C.G.A. § 21-2-575 Counterfeit ballots or ballot labels; sample or facsimile ballots
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(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…
O.C.G.A. § 21-2-576 Destroying, defacing, or delaying delivery of ballots
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Any person who willfully destroys or defaces any ballot or willfully delays the delivery of any ballots shall be guilty of a misdemeanor.
O.C.G.A. § 21-2-577 Improper removal of ballots from book of official ballots
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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.
O.C.G.A. § 21-2-578 Unfolding, opening, or prying into ballots
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Any person who, before any ballot is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries into any such ballot with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor.
O.C.G.A. § 21-2-579 Fraudulently allowing ballot or voting machine to be seen; casting unofficial ballot; receiving unauthorized assistance in voting
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(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…
O.C.G.A. § 21-2-580 Tampering with, damaging, improper preparation of, or prevention of proper operation of voting machines or electronic ballot markers or tabulating machines
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(1) 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 …
O.C.G.A. § 21-2-581 Unauthorized making or possession of voting machine key
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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.
O.C.G.A. § 21-2-582 Tampering with, damaging, or preventing of proper operation of direct recording electronic equipment or electronic ballot marker or tabulating machine or device
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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…
O.C.G.A. § 21-2-582.1 Penalty for voting equipment modification
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(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,…
O.C.G.A. § 21-2-583 Removal or destruction of election supplies or conveniences
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(1) 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 instruction…
O.C.G.A. § 21-2-584 Refusal or failure of manager to administer oath to poll officer; poll officer acting without being sworn; giving of false certification as to swearing of poll officer
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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 swo…
O.C.G.A. § 21-2-585 Refusal by superintendent or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents
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(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…
O.C.G.A. § 21-2-586 Refusal by Secretary of State or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents
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(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 …
O.C.G.A. § 21-2-587 Frauds by poll officers
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(1) 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 corr…
O.C.G.A. § 21-2-588 Premature counting of votes by poll officer
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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.
O.C.G.A. § 21-2-589 Willful omissions by poll officers
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(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 a…
O.C.G.A. § 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
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(1) 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 cha…
O.C.G.A. § 21-2-591 Poll officers permitting unlawful assistance to voters
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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…
O.C.G.A. § 21-2-592 Failure of poll officers to keep record of assisted voters
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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…
O.C.G.A. § 21-2-593 Failure of law enforcement officers to remove obstacles or to maintain order at polling places; hindrance or delay of poll officers by law enforcement officers
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(1) 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…
O.C.G.A. § 21-2-594 Offenses by printers of ballots
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(1) 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; …
O.C.G.A. § 21-2-595 [Reserved] Disposition of alcoholic beverages on primary or election days
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O.C.G.A. § 21-2-595Current through Act 375 of the 2026 Regular Session of the General Assembly but not including corrections and changes made by the Office of Legislative Counsel.HistoryGa. L. 1964, Ex. Sess. p. 26, § 1; repealed by Ga. L. 1984, p. 1268, § 2, effective July 1, 19…
O.C.G.A. § 21-2-596 Failure of public or political officer to perform duty
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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.
O.C.G.A. § 21-2-597 Intentional interference with performance of election duties
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Any person who intentionally interferes with, hinders, or delays or attempts to interfere with, hinder, or delay any other person in the performance of any act or duty authorized or imposed by this chapter shall be guilty of a misdemeanor.
O.C.G.A. § 21-2-598 Violations of chapter
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Except as otherwise provided by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
O.C.G.A. § 21-2-599 Punishment for misdemeanors under chapter
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(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 i…
O.C.G.A. § 21-2-600 Punishment for felonies under chapter
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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 mis…
O.C.G.A. § 21-2-601 Use of list of electors for commercial purposes prohibited
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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.
O.C.G.A. § 21-2-602 Compensation for soliciting persons to register to vote prohibited
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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…
O.C.G.A. § 21-2-603 Conspiracy to commit election fraud
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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…
O.C.G.A. § 21-2-604 Criminal solicitation to commit election fraud; penalties
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(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 t…
O.C.G.A. § 21-4-1 Short title
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This chapter shall be known and may be cited as the “Recall Act of 1989.”
O.C.G.A. § 21-4-10 Persons who may not circulate recall application or petition; effect of signatures obtained by unqualified persons
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No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recalled shall circulate a recall application or petition. No employee of the state shall circulate a recall ap…
O.C.G.A. § 21-4-11 Determination of legal sufficiency of recall petition; time period for filing; amendments; notification of legal sufficiency
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(a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been filed with him or her; provided, however, that in cases where more than one recall petition is subject to review for verification, th…
O.C.G.A. § 21-4-12 No recall election when officeholder resigns prior to the holding of a recall election
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If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted.
O.C.G.A. § 21-4-13 Procedures for recall election; number of votes required to effectuate recall; special election to fill vacancy created
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(a) Within ten days after having received certification of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days …
O.C.G.A. § 21-4-14 Limitations on subsequent recall petitions following recall election
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(a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the re…
O.C.G.A. § 21-4-15 Manner of conducting recall elections
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The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in acco…
O.C.G.A. § 21-4-16 Campaign and financial disclosure requirements, restrictions, and qualifications
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Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the “Ethics in Government Act,” in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and sh…
O.C.G.A. § 21-4-17 Promulgation of rules and regulations by Secretary of State
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The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter.
O.C.G.A. § 21-4-18 Application to court to compel election superintendent to comply with chapter; jurisdiction and venue of actions against election superintendent
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(a) If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the e…
O.C.G.A. § 21-4-19 Determination of eligibility to sign application for recall petition or petition for recall
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An elector’s eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector.
O.C.G.A. § 21-4-2 Legislative intent
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The General Assembly finds that the electorate of the state overwhelmingly ratified an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall pub…
O.C.G.A. § 21-4-20 Giving or receiving money or other thing of value to sign petition or affidavit; compelling person to sign petition or to remove name; signing another’s name to petition; signing more than one; signing by ineligible person
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(a) Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor. (b) A person who, by menace or threat either directly or indirectly, induces o…
O.C.G.A. § 21-4-21 Construction of chapter
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This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws.
O.C.G.A. § 21-4-3 Definitions
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(1) As used in this chapter, the term:(1) “Elected county school board members” and “elected county school superintendents” shall be considered county officers.(2) “Elected education board members” and “elected school superintendents” of any independent school system shall be con…
O.C.G.A. § 21-4-4 Officers subject to recall; number of electors needed to demand recall; limitation on number of officers subject to a recall
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(a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to th…
O.C.G.A. § 21-4-5 Sponsor applications for recall petition; procedures; duties of election superintendents and Secretary of State
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(a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elect…
O.C.G.A. § 21-4-6 Review of grounds for recall petition
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(a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domici…