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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 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS |
| Part 1. GENERAL PROVISIONS |
| § 21-2-130. Procedures for qualification of candidates generally |
| § 21-2-131. Fixing and publishing of qualification fees; manner of payment; distribution of fees paid |
| § 21-2-132. Filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; military service |
| § 21-2-133. Giving notice of intent of write-in candidacy; filing of affidavit; limitations on candidacy; certification of candidates |
| § 21-2-134. Withdrawal, death, or disqualification of candidate for office; return of qualifying fee; nomination certificate |
| § 21-2-135. Designation of specific office sought where office has multiple officeholders with same title |
| § 21-2-136. Restriction on number of offices for which an individual may be nominated or be a candidate at any one election |
| § 21-2-137. Qualifying with two political parties; qualifying as independent or political body candidate and as political party candidate |
| § 21-2-138. Nonpartisan elections for judicial offices |
| § 21-2-139. Nonpartisan elections authorized; conduct |
| § 21-2-140. Mandatory drug testing for candidates |
| Part 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES |
| § 21-2-150. Date of general primary; conflicting with political convention |
| § 21-2-151. Conduct of political party primaries |
| § 21-2-152. Conduct of primaries generally; run-off primary |
| § 21-2-153.1. Qualification of candidates for party nomination in a municipal primary; unopposed candidates; filing of affidavit with political party; posting of list of all qualified candidates |
| § 21-2-154. Certification of political party candidates |
| § 21-2-155. Reopening of qualification for office in event of candidate's death or withdrawal of incumbent who qualified as candidate prior to political party primary |
| § 21-2-156. Payment of primary expenses |
| § 21-2-157. Municipal nonpartisan primary; qualifying as a candidate; payment of expenses |
| § 21-2-158. Unopposed candidate failing to receive a single vote |
| Part 3. NOMINATION AND QUALIFICATION OF INDEPENDENT CANDIDATES, CANDIDATES OF POLITICAL BODIES, AND PRESIDENTIAL ELECTORS |
| § 21-2-171. Examination of petitions; basis for grant or denial of filing; review and appeal of denial |
| § 21-2-172. Nomination of presidential electors and candidates of political bodies by convention |
| Part 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION |
| § 21-2-180. Manner of qualification |
| § 21-2-181. Filing of petitions generally |
| § 21-2-182. Contents of petitions; signatures |
| § 21-2-183. Form of petitions; affidavits of circulators |
| § 21-2-184. Restriction on amendment or supplementation |
| § 21-2-185. Filing deadline |
| § 21-2-186. Examination of petitions; judicial review |
| § 21-2-187. Holding of conventions; filing notice of candidacy |
REFS & ANNOS
TITLE 21 Chapter 2 Article 4 NOTE
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, Ch. 34-19 are included in the annotations for this article.
NOMINATION BY PRIMARY OR BY PETITION NOT UNCONSTITUTIONAL. --Georgia has not violated the equal protection clause of the fourteenth amendment by making available two alternative paths for nomination of candidates, neither of which can be assumed to be inherently more burdensome than the other. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
RIGHT TO ENDORSE CANDIDATES GENERALLY. --Any political organization, however new or however small, is free to endorse any otherwise eligible person as its candidate for whatever elective public office it chooses. McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
ELECTION VOID WHEN CONDUCTED WITH COMPLETE DISREGARD FOR LAW. --While failure to observe some of the requirements of the provisions of this former article might be mere irregularities not rendering the election void, when the election is conducted with an absolute and complete disregard for the law contained in that article, the election is void. Williams v. Cox, 214 Ga. 354, 104 S.E.2d 899 (1958), later appeal, 216 Ga. 535, 117 S.E.2d 899 (1961) (decided under former Code 1933, Ch. 34-19).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under former Code 1933, Ch. 34-10 are included in the annotations for this article.
OFFICES OF SAVANNAH CITY COURT AND MUNICIPAL COURT JUDGE ARE COUNTY OFFICES. 1970 Op. Att'y Gen. No. 70-124.
IF SPECIAL ELECTION FAILS, OFFICES OF JUSTICE OF PEACE AND CONSTABLE ARE FILLED BY ELECTION rather than appointment. 1969 Op. Att'y Gen. No. 69-59 (decided under former Code 1933, Ch. 34-10).
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, Ch. 34-19 are included in the annotations for this article.
NOMINATION BY PRIMARY OR BY PETITION NOT UNCONSTITUTIONAL. --Georgia has not violated the equal protection clause of the fourteenth amendment by making available two alternative paths for nomination of candidates, neither of which can be assumed to be inherently more burdensome than the other. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
RIGHT TO ENDORSE CANDIDATES GENERALLY. --Any political organization, however new or however small, is free to endorse any otherwise eligible person as its candidate for whatever elective public office it chooses. McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
ELECTION VOID WHEN CONDUCTED WITH COMPLETE DISREGARD FOR LAW. --While failure to observe some of the requirements of the provisions of this former article might be mere irregularities not rendering the election void, when the election is conducted with an absolute and complete disregard for the law contained in that article, the election is void. Williams v. Cox, 214 Ga. 354, 104 S.E.2d 899 (1958), later appeal, 216 Ga. 535, 117 S.E.2d 899 (1961) (decided under former Code 1933, Ch. 34-19).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under former Code 1933, Ch. 34-10 are included in the annotations for this article.
OFFICES OF SAVANNAH CITY COURT AND MUNICIPAL COURT JUDGE ARE COUNTY OFFICES. 1970 Op. Att'y Gen. No. 70-124.
IF SPECIAL ELECTION FAILS, OFFICES OF JUSTICE OF PEACE AND CONSTABLE ARE FILLED BY ELECTION rather than appointment. 1969 Op. Att'y Gen. No. 69-59 (decided under former Code 1933, Ch. 34-10).