2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 11 - Preparation for and Conduct of Primaries and Elections
Part 1 - General Provisions
§ 21-2-413. Conduct of Voters, Campaigners, and Others at Polling Places Generally
- No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another except when giving assistance as permitted by this chapter.
- No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time; and, if such elector shall refuse to leave after such period, he or she shall be removed by the poll officers.
- No elector except a poll officer or poll watcher shall reenter the enclosed space after he or she has once left it except to give assistance as provided by this chapter.
- No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter be posted within the room, except as required by this chapter. The prohibitions contained within Code Section 21-2-414 shall be equally applicable within the polling place and no elector shall violate the provisions of Code Section 21-2-414.
- No person shall use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones while such person is in a polling place while voting is taking place; provided, however, that a poll manager, in his or her discretion, may allow the use of photographic devices in the polling place under such conditions and limitations as the election superintendent finds appropriate, and provided, further, that no photography shall be allowed of a ballot or the face of a voting machine or DRE unit or electronic ballot marker while an elector is voting such ballot or machine or DRE unit or using such electronic ballot marker, and no photography shall be allowed of an electors list, electronic electors list, or the use of an electors list or electronic electors list. This subsection shall not prohibit the use of photographic or other electronic monitoring or recording devices, cameras, or cellular telephones by poll officials for official purposes.
- All persons except poll officers, poll watchers, persons in the course of voting and such persons' children under 18 years of age or any child who is 12 years of age or younger accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's child or children under 18 years of age or any child who is 12 years of age or younger unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of the voting equipment under any circumstances.
- When the hour for closing the polls shall arrive, all electors who have already qualified and are inside the enclosed space shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so if found qualified, but no other persons shall be permitted to vote.
- It shall be the duty of the chief manager to secure the observances of this Code section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this chapter. Further, from the time a polling place is opened until the ballots are delivered to the superintendent, the ballots shall be in the custody of at least two poll officers at all times.
- No person except peace officers regularly employed by the federal, state, county, or municipal government or certified security guards shall be permitted to carry firearms within 150 feet of any polling place as provided for in subsection (b) of Code Section 16-11-127.
(Code 1933, § 34-1319, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1313, as redesignated by Ga. L. 1969, p. 308, § 20; Ga. L. 1975, p. 807, § 1; Ga. L. 1978, p. 1004, § 25; Ga. L. 1978, p. 1039, § 3; Ga. L. 1985, p. 496, § 15; Ga. L. 1986, p. 32, § 1; Ga. L. 1992, p. 1815, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 40; Ga. L. 2003, p. 517, § 46; Ga. L. 2012, p. 995, § 30/SB 92; Ga. L. 2015, p. 805, § 12/HB 492; Ga. L. 2019, p. 7, § 35/HB 316.)
The 2019 amendment, effective April 2, 2019, in subsection (e), in the proviso of the first sentence, inserted "or electronic ballot marker" and inserted "or using such electronic ballot marker," in the middle.Cross references.
- Further provisions regarding prohibited activities in vicinity of voting compartment or voting booth, § 21-2-568.
OPINIONS OF THE ATTORNEY GENERAL
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-1212 and former Code Section 21-3-320 are included in the annotations for this Code section.Scope of area and activity open to campaign worker during election.
- Except where there are no attempts at electioneering, it is legal for a candidate or a candidate's campaign worker to be present in a polling place, but outside an enclosed area during election or to be present outside a polling place, but within a 250-foot limit, but it is illegal to engage in noncommunicative but otherwise campaign related activity, specifically, observing voters and checking a voters list, outside a polling place but within the 250-foot limit. 1982 Op. Att'y Gen. No. 82-30 (decided prior to 1989 amendment to § 21-2-414(b) and under former Code 1933, § 34A-1212).
Am. Jur. 2d.
- 25 Am. Jur. 2d, Elections, § 90 et seq. 26 Am. Jur. 2d, Elections, §§ 304 et seq., 311, 354, 451, 452.C.J.S.
- 29 C.J.S., Elections, §§ 324, 330 et seq.