§ § 21-2-587Frauds by poll officers

Any poll officer who willfully:

Makes a false return of the votes cast at any primary or election;

Deposits fraudulent ballots in the ballot box or certifies as correct a false return of ballots;

Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine;

Makes any false entries in the electors list;

Destroys or alters any ballot, voter’s certificate, or electors list;

Tampers with any voting machine, direct recording electronic (DRE) equipment, electronic ballot marker, or tabulating machine or device;

Prepares or files any false voter’s certificate not prepared by or for an elector actually voting at such primary or election; or

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; ballots deposited, written, or affixed in or upon a voting machine; DRE, electronic ballot marker, or tabulating machine 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.

The 2019 amendment,

effective April 2, 2019, in paragraph (6), inserted “, electronic ballot marker”, and substituted “tabulating machine” for “tabulating computer”; and, in paragraph (8), substituted semicolons for commas throughout, and inserted “, electronic ballot marker, or tabulating machine” near the end.

Cross references.

Poll officers, §

21-2-90

et seq.

Administrative rules and regulations.

Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.

Law reviews.

For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).