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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 21. ELECTIONS |
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Chapter 2. ELECTIONS AND PRIMARIES GENERALLY |
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Article 13. CONTESTED ELECTIONS AND PRIMARIES |
| § 21-2-520. Definitions |
| § 21-2-521. Primaries and elections which are subject to contest; persons who may bring contest |
| § 21-2-522. Grounds for contest |
| § 21-2-522.1. Rebuttable presumption of legal vote in contested election |
| § 21-2-523. Jurisdiction and general pretrial proceedings; notification of proceedings; selecting administrative judge; compensation of presiding judge |
| § 21-2-524. Filing and allegations of petition to contest primary or election; service of petition; verification; notice of proceedings to answer petition; service of special process; amendment |
| § 21-2-525. Hearing; powers of court generally |
| § 21-2-526. Trial by jury |
| § 21-2-527. Pronouncement of judgment; effect of finding of misconduct by poll officers; calling of second primary, election, or runoff by court upon finding of defects |
| § 21-2-527.1. Right of parties to object to settlement; court approval |
| § 21-2-528. Appeals from court's determination on contest petition |
| § 21-2-529. Liability for costs; methods of collecting |
REFS & ANNOS
TITLE 21 Chapter 2 Article 13 NOTE
LAW REVIEWS. --For note, "Georgia Election Contest Procedures," see 22 Ga. St. B.J. 44 (1985).
JUDICIAL DECISIONS
GEORGIA ELECTION CODE PROVIDES LIBERAL RULES FOR THE CONTESTING OF ELECTIONS AND STRICT PENALTIES FOR VIOLATIONS. Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968).
STATE COURTS HAVE JURISDICTION TO RECOUNT BALLOTS CAST IN CONGRESSIONAL CONTESTS. --The courts of this state have jurisdiction of a proceeding brought under the provisions of the Georgia Election Code to obtain a recount of all or a portion of the ballots cast in an election for a representative to either house in the Congress. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
TO CAST DOUBT ON AN ELECTION IT IS ONLY NECESSARY TO SHOW: (1) electors voted in the particular contest being challenged; and (2) a sufficient number of them were not qualified to vote so as to cast doubt on the election. Taggart v. Phillips, 242 Ga. 454, 249 S.E.2d 245, later appeal, 242 Ga. 484, 249 S.E.2d 268 (1978).
CONTEST MOOT. --A challenge to primary election results by an unsuccessful candidate was moot and subject to dismissal where the candidate did not seek to advance case so that the candidate's challenge was docketed and considered before the general election. Payne v. Chatman, 267 Ga. 873, 485 S.E.2d 723 (1997); Caplan v. Hattaway, 269 Ga. 582, 501 S.E.2d 195 (1998).
CITED in Campbell v. Hunt, 115 Ga. App. 682, 155 S.E.2d 682 (1967); Lester v. Boone, 242 Ga. 445, 249 S.E.2d 617 (1978).
RESEARCH REFERENCES
ALR. --Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 ALR 677.
Admissibility of parol evidence of election officials to impeach election returns, 46 ALR2d 1385.
JUDICIAL DECISIONS
GEORGIA ELECTION CODE PROVIDES LIBERAL RULES FOR THE CONTESTING OF ELECTIONS AND STRICT PENALTIES FOR VIOLATIONS. Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968).
STATE COURTS HAVE JURISDICTION TO RECOUNT BALLOTS CAST IN CONGRESSIONAL CONTESTS. --The courts of this state have jurisdiction of a proceeding brought under the provisions of the Georgia Election Code to obtain a recount of all or a portion of the ballots cast in an election for a representative to either house in the Congress. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
TO CAST DOUBT ON AN ELECTION IT IS ONLY NECESSARY TO SHOW: (1) electors voted in the particular contest being challenged; and (2) a sufficient number of them were not qualified to vote so as to cast doubt on the election. Taggart v. Phillips, 242 Ga. 454, 249 S.E.2d 245, later appeal, 242 Ga. 484, 249 S.E.2d 268 (1978).
CONTEST MOOT. --A challenge to primary election results by an unsuccessful candidate was moot and subject to dismissal where the candidate did not seek to advance case so that the candidate's challenge was docketed and considered before the general election. Payne v. Chatman, 267 Ga. 873, 485 S.E.2d 723 (1997); Caplan v. Hattaway, 269 Ga. 582, 501 S.E.2d 195 (1998).
CITED in Campbell v. Hunt, 115 Ga. App. 682, 155 S.E.2d 682 (1967); Lester v. Boone, 242 Ga. 445, 249 S.E.2d 617 (1978).
RESEARCH REFERENCES
ALR. --Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 ALR 677.
Admissibility of parol evidence of election officials to impeach election returns, 46 ALR2d 1385.