The original code is clearly concerned with distribution of campaign material to, and polling those, in line. The new version, in saying that no person shall distribute food and drink, is vague in that food & drink of itself has no campaign affiliation. It also is unclear on how or whether it could possibly be determined that the person distributing it is doing so as part of campaign activity.
Does the revised text prohibit all persons, or only those engaged in campaigning, from distributing food & drink? Tom clearly asserts that it would not be illegal to do so, were the person not campaigning. If the person distributing is clearly not a campaigner, it would appear they have free reign to hand out.
Quotes for clarity;
The revision is to subsections (a) and (e) of Code 1869 Section 21-2-414 which, according to
https://law.justia.com/codes/georgia/2010/title-21/chapter-2/article-11/part-1/21-2-414/ , currently reads as follows;
2010 Georgia Code
TITLE 21 - ELECTIONS
CHAPTER 2 - ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS
PART 1 - GENERAL PROVISIONS
§ 21-2-414 - Restrictions on campaign activities and public opinion polling within the vicinity of a polling place; cellular phone use prohibited; prohibition of candidates from entering certain polling places; penalty
O.C.G.A. 21-2-414 (2010)
21-2-414. Restrictions on campaign activities and public opinion polling within the vicinity of a polling place; cellular phone use prohibited; prohibition of candidates from entering certain polling places; penalty
(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters 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) to (d) snipped
(e) This Code section shall not be construed to prohibit a poll officer from distributing materials ...
Subsections a and e are amended to;
(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."
(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."