Premature Counting of Votes by Poll Officer

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Except as provided in Code Section 21-2-386, any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor.

(Code 1933, § 34-1939, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 34/HB 540.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- An offense under O.C.G.A. § 21-2-588 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 449.

C.J.S.

- 29 C.J.S., Elections, § 573.

ALR.

- Admissibility of parol evidence of election officials to impeach election returns, 46 A.L.R.2d 1385.


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