Georgia § 35-3-4-5 Subpoena for voting records; audit; penalty for noncompliance

Georgia Statutes

§ 35-3-4-5 — Subpoena for voting records; audit; penalty for noncompliance

(a)In any investigation of a violation of Chapter 2 of Title 21 involving elections, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible items, including records and documents contained within or generated by a computer or any other electronic device, unless such records are wholly owned by the federal government, and to undertake, at the discretion of the bureau, an audit of materials produced in response to such subpoena in a form deemed necessary by the bureau.

(b)Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or deputy director for investigations, through the

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(a) In any investigation of a violation of Chapter 2 of Title 21 involving elections, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible items, including records and documents contained within or generated by a computer or any other electronic device, unless such records are wholly owned by the federal government, and to undertake, at the discretion of the bureau, an audit of materials produced in response to such subpoena in a form deemed necessary by the bureau. (b) Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or deputy director for investigations, through the prosecuting attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on the grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court.

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