05 LC 28
1860
House
Bill 75
By:
Representative Sims of the
169th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to primaries and elections generally, so as to provide that it shall be illegal
for certain persons to engage in certain election related activities; to provide
a penalty; to provide a definition; to provide that a court or administrative
body may revoke or suspend a
persońs
right to vote under certain circumstances; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries
and elections generally, is amended by adding new Code Sections 21-2-603 and
21-2-604 to read as follows:
"21-2-603.
(a)
It shall be illegal for a person who has been convicted of a violation of this
chapter or has been found by a court or an administrative body of this state to
have violated any of the provisions of this chapter to:
(1)
Transfer or transport electors to the polls to vote, except members of such
persońs
immediate family;
(2)
Assist another in voting a ballot, except members of such
persońs
immediate family;
(3)
Be or remain within a building in which a polling place is located during the
hours that the polls are open on an election day or within 500 feet of the outer
edge of a building in which a polling place is located during the hours that the
polls are open on an election day, except to cast his or her own
ballot;
(4)
Have in his or her possession or control an absentee ballot application or
absentee ballot of any elector other than himself or herself; or
(5)
Transfer or transport electors to the office of the registrars or absentee
ballot clerk to vote an absentee ballot, except members of such
persońs
immediate family.
(b)
A person who violates subsection (a) of this Code section upon the first
conviction shall be guilty of a misdemeanor of a high and aggravated nature. A
person who violates subsection (a) of this Code section upon a second or
subsequent conviction shall be guilty of a felony and shall upon conviction be
sentenced to serve three to five years imprisonment or pay a fine not to exceed
$50,000.00, or both.
(c)
For the purposes of this Code section, the term 'immediate family' shall mean a
persońs
spouse, children, and parents.
21-2-604.
A
court upon the conviction of a person of a violation of this chapter or a court
or administrative body of this state upon a finding that a person has violated
this chapter may, in addition to such other penalties, sanctions, and remedies
available to such court or administrative body, suspend or revoke the right of
such person to vote in primaries and elections in this state for a period of
five
years."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.