---
title: O.C.G.A. § 21-2-604. Criminal solicitation to commit election fraud; penalties.
collection: code
id: 21-2-604
cite_as: O.C.G.A. § 21-2-604 (2025)
canonical_url: https://georgiacommons.org/code/21-2-604
md_url: https://georgiacommons.org/code/21-2-604.md
text_url: https://georgiacommons.org/code/21-2-604/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t21-(v18)-2023-pdf.pdf?sfvrsn=868a5c43_0#page=638
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/21-2.md
previous: https://georgiacommons.org/code/21-2-603.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: ELECTIONS / ELECTIONS AND PRIMARIES GENERALLY / MISCELLANEOUS OFFENSES
---

# O.C.G.A. § 21-2-604. Criminal solicitation to commit election fraud; penalties.

(a)(1) A person commits the offense of criminal solicitation to commit election fraud in the first degree when, with intent that another person engage in conduct constituting a felony under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.

(2) A person commits the offense of criminal solicitation to commit election fraud in the second degree when, with intent that another person engage in conduct constituting a misdemeanor under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.

(b)(1) A person convicted of the offense of criminal solicitation to commit election fraud in the first degree shall be punished by imprisonment for not less than one nor more than three years.

(2) A person convicted of the offense of criminal solicitation to commit election fraud in the second degree shall be punished as for a misdemeanor.

(c) It is no defense to a prosecution for criminal solicitation to commit election fraud that the person solicited could not be guilty of the crime solicited.

(d) The provisions of subsections (a) through (c) of this Code section are cumulative and shall not supersede any other penal law of this state.

## History

Code 1981, § 21-2-604, enacted by Ga. L. 2011, p. 683, § 21/SB 82.