Making of False Statements in Connection With Filing Notice of Candidacy or Qualifying as Candidate for Party Nomination; Duties of District Attorney as to Violations

1. Law
2. Georgia Code
3. Elections
4. Elections and Primaries Generally
5. Miscellaneous Offenses
6. Making of False Statements in Connection With Filing Notice of Candidacy or Qualifying as Candidate for Party Nomination; Duties of District Attorney as to Violations

1. Any person knowingly making any false statement in connection with filing a notice of candidacy under Code Section 21-2-132 or in connection with qualifying as a candidate for party nomination under Code Section 21-2-153 commits the offense of false swearing.
2. The district attorney of any judicial circuit or of the county in which all or the greater portion of any municipality is situated shall furnish all investigative personnel and facilities to the Secretary of State, the superintendent, or political party, as the case may be, as needed to determine the accuracy and correctness of all facts set forth in the affidavits filed pursuant to Code Sections 21-2-132 and 21-2-153 and shall commence prosecution of any person when it appears that a violation of this Code section has occurred.
3. Where proper venue of any such prosecution would be in another county, the district attorney whose office conducted the investigation shall forward all evidence and other data to the district attorney of the county where venue is proper; and prosecution shall be commenced by such official.

(Code 1933, § 34-1901.1, enacted by Ga. L. 1974, p. 522, § 1; Ga. L. 1976, p. 205, § 2; Ga. L. 1998, p. 295, § 1.)

Cross references.

- False swearing generally, § 16-10-71.

JUDICIAL DECISIONS

Sufficiency of indictment.

- Indictment for "making false statements in notice of candidacy" was sufficient even though it did not expressly allege that defendant filed an affidavit at the time of qualifying; the indictment did expressly allege that defendant knowingly and willfully made a false statement about being a resident for one year in the district and the defendant's eligibility to hold office in connection with qualifying as a candidate. State v. Kindberg, 211 Ga. App. 117, 438 S.E.2d 116 (1993).

Classification of offense.

- Jolley v. Grantham, 206 Ga. App. 100, 424 S.E.2d 362 (1992), to the extent that it states that the offense of false swearing under O.C.G.A. § 21-2-565 is punishable as a misdemeanor, rather than as a felony, is disapproved. Hogan v. State, 316 Ga. App. 708, 730 S.E.2d 178 (2012).

Sentence affirmed because the offense constituted a felony.

- Defendant was not entitled to relief from the defendant's sentence for false swearing, in violation of O.C.G.A. § 21-2-565, because the rule of lenity did not apply in that there was no uncertainty as to the applicable sentence for the crime, and the imposition of a five-year sentence was appropriate and within the sentencing range, under O.C.G.A. § 16-10-71, for the offense, which constituted a felony under O.C.G.A. § 16-1-3. Hogan v. State, 316 Ga. App. 708, 730 S.E.2d 178 (2012).

Cited in Spillers v. State, 299 Ga. App. 854, 683 S.E.2d 903 (2009).

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