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Georgia Statutes § 21-2-414 Restrictions on campaign activities, giving of food or water, and public opinion polling within the vicinity of a polling place; cellular phone use prohibited; prohibition of candidates from entering certain polling places

⤴ Up to Part 1: General Provisions

Statute Text

Effective Until 1/1/2025

(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line to vote at any polling place.
These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors.
(b) Rooms under the control or supervision of the board of registrars or absentee ballot clerk in which absentee ballots are being cast shall be considered polling places.
(c)
(1) No person shall conduct any exit poll or public opinion poll with voters within 25 feet of the exit of any building in which a polling place is established on any day in which ballots are being cast.
(2) Except for credentialed poll watchers, poll workers, and law enforcement officers, poll managers may manage the number of persons allowed in the polling place to prevent confusion, congestion, and inconvenience to voters.
(d) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased or other than to transact business with the board of registrars, so long as the person does not violate any other provision of this Code section. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as election superintendents and shall not engage in any practice prohibited by this Code section.
(e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted or from making available self-service water from an unattended receptacle to an elector waiting in line to vote.
(f) Any person who violates this Code section shall be guilty of a misdemeanor.

History

Amended by 2021 Ga. Laws 9 , § 33 , eff. 3/25/2021 .

Amended by 2017 Ga. Laws 250 , § 19 , eff. 7/1/2017 .

Amended by 2016 Ga. Laws 347 , § 5 , eff. 4/26/2016 .

Amended by 2012 Ga. Laws 719 , § 31 , eff. 7/1/2012 .

Amended by 2010 Ga. Laws 632 , § 22 , eff. 7/1/2010 .

Amended by 2005 Ga. Laws 53 , § 58 , eff. 7/1/2005 .

Amended by 2003 Ga. Laws 209 , § 47 , eff. 7/1/2003 .

Amended by 2001 Ga. Laws 165 .

Effective Starting 1/1/2025

(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:
(1) Within 150 feet of the outer edge of any building within which a polling place is established;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line to vote at any polling place.
These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors.
(b) Rooms under the control or supervision of the board of registrars or absentee ballot clerk in which absentee ballots are being cast shall be considered polling places.
(c)
(1) No person shall conduct any exit poll or public opinion poll with voters within 25 feet of the exit of any building in which a polling place is established on any day in which ballots are being cast.
(2) Except for credentialed poll watchers, poll workers, and law enforcement officers, poll managers may manage the number of persons allowed in the polling place to prevent confusion, congestion, and inconvenience to voters.
(d) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election [, except a judge of the probate court serving as the election superintendent,] shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased or other than to transact business with the board of registrars, so long as the person does not violate any other provision of this Code section. [Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as election superintendents and shall not engage in any practice prohibited by this Code section.]
(e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted or from making available self-service water from an unattended receptacle to an elector waiting in line to vote.
(f) Any person who violates this Code section shall be guilty of a misdemeanor.

History

Amended by 2024 Ga. Laws 580 , § 11 , eff. 1/1/2025 .

Amended by 2021 Ga. Laws 9 , § 33 , eff. 3/25/2021 .

Amended by 2017 Ga. Laws 250 , § 19 , eff. 7/1/2017 .

Amended by 2016 Ga. Laws 347 , § 5 , eff. 4/26/2016 .

Amended by 2012 Ga. Laws 719 , § 31 , eff. 7/1/2012 .

Amended by 2010 Ga. Laws 632 , § 22 , eff. 7/1/2010 .

Amended by 2005 Ga. Laws 53 , § 58 , eff. 7/1/2005 .

Amended by 2003 Ga. Laws 209 , § 47 , eff. 7/1/2003 .

Amended by 2001 Ga. Laws 165 .

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Prior Versions of This Statute