LC 28 3157
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
revise Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to miscellaneous offenses regarding elections, so as to
increase the penalties associated with tampering with, damaging, or preventing
the proper operation of electronic voting machines and related equipment; to
provide for related matters; to provide for applicability; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to miscellaneous offenses regarding elections, is amended by revising Code
Section 21-2-582, relating to tampering with, damaging, or preventing of proper
operation of direct recording electronic equipment or tabulating device, as
follows:
"21-2-582.
Any
person who tampers with or damages any direct recording electronic (DRE)
equipment or tabulating computer 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 operation of any direct recording electronic (DRE) equipment or
tabulating computer or device shall be guilty of a felony
and, upon
conviction thereof, shall be punished by imprisonment for not less than one nor
more than ten years or a fine not to exceed $250,000.00, or
both."
SECTION
2.
Said
article is further amended by revising Code Section 21-2-582.1, relating to
penalty for voting equipment modification, as follows:
"21-2-582.1.
(a)
For the purposes of this Code section, the term 'voting equipment' shall mean a
voting machine, tabulating machine, optical scanning voting system, or direct
recording electronic voting system.
(b)
Any person or entity,
including,
but not limited
to,
a manufacturer or seller of voting equipment, who alters, modifies, or changes
any aspect of such voting equipment without prior approval of the Secretary of
State is guilty of a felony
and, upon
conviction thereof, shall be punished by imprisonment for not less than one nor
more than ten years or a fine not to exceed $250,000.00, or
both."
SECTION
3.
Said
article 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 in this chapter, any
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
4.
All
laws and parts of laws in conflict with this Act are repealed.