07
SB40/AP
Senate
Bill 40
By:
Senators Staton of the 18th, Williams of the 19th, Rogers of the 21st, Johnson
of the 1st, Shafer of the 48th and others
AS
PASSED
AN
ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to elections and primaries generally, so as to increase the penalties for
certain election related offenses involving fraudulent acts; to provide for
related matters; 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 elections
and primaries generally, is amended by revising paragraph (1) of subsection (c)
of Code Section 21-2-384, relating to mailing of absentee ballots, as
follows:
"(c)(1)
The oaths referred to in subsection (b) of this Code section shall be in
substantially the following form:
I,
the undersigned, do swear (or affirm) that I am a citizen of the United States
and of the State of Georgia; that my residence address is __________ County,
Georgia; that I possess the qualifications of an elector required by the laws of
the State of Georgia; that I am entitled to vote in the precinct containing my
residence in the primary or election in which this ballot is to be cast; that I
am eligible to vote by absentee ballot; that I have not marked or mailed any
other absentee ballot, nor will I mark or mail another absentee ballot for
voting in such primary or election; nor shall I vote therein in person; and that
I have read and understand the instructions accompanying this ballot; and that I
have carefully complied with such instructions in completing this ballot. I
understand that the offer or acceptance of money or any other object of value to
vote for any particular candidate, list of candidates, issue, or list of issues
included in this election constitutes an act of voter fraud and is a felony
under Georgia law.
____________________
Elector´s Residence
Address
Elector´s Residence
Address
____________________
Month and Day of
Elector´s Birth
Month and Day of
Elector´s Birth
________________________
Signature or Mark of Elector
Oath of Person Assisting Elector (if any):
Signature or Mark of Elector
Oath of Person Assisting Elector (if any):
I,
the undersigned, do swear (or affirm) that I assisted the above-named elector in
marking such elector´s absentee ballot as such elector personally
communicated such elector´s preference to me; and that such elector is
entitled to receive assistance in voting under provisions of subsection (a) of
Code Section 21-2-409.
This,
the ______ day of _________ _________.
________________________
Signature of Person Assisting
Elector -- Relationship
Signature of Person Assisting
Elector -- Relationship
Reason
for assistance (Check appropriate square):
(
) Elector is unable to read the English language.
(
) Elector requires assistance due to physical disability.
The
forms upon which such oaths are printed shall contain the following
information:
Georgia
law provides, in subsection (b) of Code Section 21-2-409, that no person shall
assist more than ten electors in any primary, election, or runoff in which there
is no federal candidate on the ballot.
Georgia
law further provides that any person who knowingly falsifies information so as
to vote illegally by absentee ballot or who illegally gives or receives
assistance in voting, as specified in Code Section 21-2-568 or 21-2-573, shall
be guilty of a felony."
SECTION
2.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-385,
relating to procedure for voting by absentee ballot, as follows:
"(b)
A physically disabled or illiterate elector may receive assistance in preparing
his or her ballot from one of the following: any elector who is qualified to
vote in the same county or municipality as the disabled or illiterate elector;
an attendant care provider or a person providing attendant care; or the mother,
father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece,
nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law,
brother-in-law, or sister-in-law of the disabled or illiterate elector. The
person rendering assistance to the elector in preparing the ballot shall sign
the oath printed on the same envelope as the oath to be signed by the elector.
If the disabled or illiterate elector is sojourning outside his or her own
county or municipality, a notary public of the jurisdiction may give such
assistance and shall sign the oath printed on the same envelope as the oath to
be signed by the elector. No person shall assist more than ten such electors in
any primary, election, or runoff in which there is no federal candidate on the
ballot. Any person who willfully violates this subsection 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, for each such violation."
SECTION
3.
Said
chapter is further amended by revising Code Section 21-2-561, relating to false
registration, as follows:
"21-2-561.
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 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."
SECTION
4.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-562,
relating to fraudulent entries, as follows:
"(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, certificate, oath, voucher, account, ballot or ballot
card, or other record or document authorized or required to be made, used,
signed, returned, or preserved for any public purpose in connection with any
primary or election;
(2)
Alters materially or intentionally destroys any entry which has been lawfully
made therein; or
(3)
Takes or removes any book, affidavit, return, account, ballot or ballot card, or
other document or record from the custody of any person having lawful charge
thereof, in order to prevent the same from being used or inspected or copied as
required or permitted by 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."
SECTION
5.
Said
chapter is further amended by revising Code Section 21-2-566, relating to
interference with primaries and elections generally, as follows:
"21-2-566.
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 to any poll officer or interrupts or improperly
interferes with the execution of his or her duty;
(3)
Willfully blocks or attempts to block the avenue to the door of any polling
place;
(4)
Uses or threatens violence to any elector to prevent him or her from
voting;
(5)
Willfully prepares or presents to any poll officer a fraudulent voter´s
certificate not signed by the elector whose certificate it purports to
be;
(6)
Knowingly deposits fraudulent ballots in the ballot box;
(7)
Knowingly registers fraudulent votes upon any voting machine; or
(8)
Willfully tampers with any electors list, voter´s certificate, numbered
list of voters, ballot box, voting machine, direct recording electronic (DRE)
equipment, or tabulating machine
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."
SECTION
6.
Said
chapter is further amended by revising Code Section 21-2-567, relating to
intimidation of electors, as follows:
"21-2-567.
Any
person who uses or threatens to use force and violence, or in any other manner
intimidates 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 submitted to
electors at such primary or election; or
(2)
Place or refrain from placing his or her name upon a register of
electors
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."
SECTION
7.
Said
chapter is further amended by revising Code Section 21-2-568, relating to
influencing elector while assisting, as follows:
"21-2-568.
(a)
Any person who:
(1)
Goes into the voting compartment or voting machine booth while another is voting
or marks the ballot or ballot card or registers the vote for another, except in
strict accordance with this chapter;
(2)
Interferes with any elector marking his or her ballot or ballot card or
registering his or her vote;
(3)
Attempts to induce any elector before depositing his or her ballot or ballot
card to show how he or she marks or has marked his or her ballot or ballot card;
or
(4)
Discloses to anyone how another elector voted, except when required to do so in
any legal proceeding
shall
be guilty of a felony.
(b)
Any person who, while giving lawful assistance to another, attempts to influence
the vote of the elector he or she is assisting or marks a ballot or ballot card
or registers a vote in any other way than that requested by the voter he or she
is assisting 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."
SECTION
8.
Said
chapter is further amended by revising Code Section 21-2-571, relating to voting
by unqualified elector or giving false information, as follows:
"21-2-571.
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 21-2-223 or who knowingly gives false
information to poll officers in an attempt to vote in any primary or election
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."
SECTION
9.
Said
chapter is further amended by revising Code Section 21-2-572, relating to repeat
voting in same primary or election, as follows:
"21-2-572.
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 more than ten years or to pay a fine not
to exceed $100,000.00, or both."
SECTION
10.
Said
chapter is further amended by revising Code Section 21-2-573, relating to
absentee voting by unqualified elector, as follows:
"21-2-573.
Any
person who votes or attempts to vote by absentee ballot at any primary or
election under Article 10 of this chapter and who is not qualified to vote 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."
SECTION
11.
Said
chapter is further amended by revising Code Section 21-2-587, relating to frauds
by poll workers, as follows:
"21-2-587.
Any
poll officer who willfully:
(1)
Makes a false return of the votes cast at any primary or election;
(2)
Deposits fraudulent ballots or ballot cards in the ballot box or certifies as
correct a false return of ballots or ballot cards;
(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, ballot card, 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 or ballot
cards, ballots or ballot cards 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."
SECTION
12.
Said
chapter is further amended by revising Code Section 21-2-590, relating to poll
officers permitting unregistered or unqualified persons to vote, as
follows:
"21-2-590.
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."
SECTION
13.
Said
chapter is further amended by revising Code Section 21-2-600, relating to
punishment for felonies under chapter, as follows:
"21-2-600.
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 misdemeanor in the discretion of the trial
court."
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.