07 LC 28
3227
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
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 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 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 three
nor more than 15 years or to pay a fine not to exceed $100,000.00, or
both."
SECTION
2.
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 three
nor more than 15 years or to pay a fine not to exceed $100,000.00, or
both."
SECTION
3.
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 three
nor more than 15 years or to pay a fine not to exceed $100,000.00, or
both."
SECTION
4.
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
misdemeanor
felony and,
upon conviction thereof, shall be sentenced to imprisonment for not less than
three nor more than 15 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 21-2-568, 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)
While giving lawful assistance to another, attempts to influence the vote of the
elector whom 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 whom he or
she is assisting; or
(5)
(4)
Discloses to anyone how another elector voted, except when required to do so in
any legal proceeding
shall
be guilty of a
misdemeanor
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 three nor more than 15 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 21-2-571, 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 three
nor more than 15 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 21-2-572, 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 three
nor more than 15 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 21-2-573, 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
misdemeanor
felony and,
upon conviction thereof, shall be sentenced to imprisonment for not less than
three nor more than 15 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 21-2-587, 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 three
nor more than 15 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 21-2-590, 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
misdemeanor
felony."
SECTION
11.
Said
chapter is further amended by revising Code Section 21-2-600, relating to
punishment for felonies under chapter, as follows:
"21-2-600.
Any
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
12.
All
laws and parts of laws in conflict with this Act are repealed.