CHAPTER 2 - ELECTIONS AND PRIMARIES GENERALLY
- ARTICLE 1 - GENERAL PROVISIONS
- § 21-2-1 - Short title; references to Chapter 3 of Title 21 or the municipal election code
- § 21-2-10 - Election of presidential electors
- § 21-2-11 - Performance of duties by presidential electors
- § 21-2-12 - Procedure for filling presidential elector vacancies
- § 21-2-13 - Compensation of presidential electors; payment of expenses of electoral college
- § 21-2-14 - Computation of time as to exercise of privilege or discharge of duty under chapter
- § 21-2-15 - Applicability of chapter
- § 21-2-16 - Construction of chapter
- § 21-2-17 - Designation of candidate's chief deputy clerk in elections for clerk of state court of certain counties
- § 21-2-2 - Definitions
- § 21-2-3
- § 21-2-4 - Preparation, printing, publicizing, and distributing of summary of general amendments to Constitution of Georgia; recording summary on audio tape or other media
- § 21-2-4.1 - Continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership based on residency within congressional district
- § 21-2-5 - Qualifications of candidates for federal and state office; determination of qualifications
- § 21-2-6 - Qualifications of candidates for county and municipal office; determination of qualifications
- § 21-2-7 - Eligibility of subversive persons for nomination or election to public office
- § 21-2-8 - Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect
- § 21-2-9 - Date of election for offices
- ARTICLE 2 - SUPERVISORY BOARDS AND OFFICERS
- ARTICLE 3 - REGISTRATION OF AND COMMITTEE ORGANIZATION OF POLITICAL PARTIES AND BODIES
- § 21-2-110 - Filing of registration statements by political parties or bodies with the Secretary of State; contents of registration statements; amendments; filing fees; failure to file statement
- § 21-2-111 - Establishment of state and county executive committees; membership and officers; duties; applicability of chapter to persons seeking party office in a primary
- § 21-2-112 - Hearings before state committee; suspension of powers and duties of county committee; delegation of powers by state committee
- § 21-2-113 - Chief executive and county executive committees
- ARTICLE 4 - SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS
- ARTICLE 5 - PRESIDENTIAL PREFERENCE PRIMARY
- § 21-2-190 - Short title
- § 21-2-191 - Parties entitled to hold primaries; dates; decision to elect delegates to presidential nominating convention in primary; qualifying periods for candidates for delegate
- § 21-2-192 - Proclamation by Governor; copies of proclamation transmitted to superintendents
- § 21-2-193 - List of names of candidates to appear on ballot; publication of list
- § 21-2-194 - Procedure for withdrawal of candidates
- § 21-2-195 - Procedures by which delegates and alternates to national nominating conventions selected
- § 21-2-196 - Qualification oath of delegates and alternates to national convention
- § 21-2-197 - Effect of withdrawal of presidential candidate
- § 21-2-198 - Assessment of qualifying fee for candidates listed on presidential preference primary ballot
- § 21-2-199 - Election of political party committee members or officers at primary
- § 21-2-200 - Applicability of general primary provisions; form of ballot
- ARTICLE 6 - REGISTRATION OF VOTERS
- § 21-2-210 - Secretary of State deemed the chief state election official
- § 21-2-211 - List of registered electors; provision of equipment to access and utilize list
- § 21-2-212 - County registrars; appointment; certification; term of service; vacancies; compensation and expenses of chief registrar, registrars, and other officers and employees; budget estimates
- § 21-2-213 - County deputy registrars; clerical help; appointment of county officer or employee as chief deputy registrar
- § 21-2-213.1 - Monthly contingent expense allowance for the operation of the office of the board of registrars
- § 21-2-214 - Qualifications of registrars and deputy registrars; prohibited political activities; oath of office; privilege from arrest; duties conducted in public
- § 21-2-215 - Main office of board of registrars; location; business hours; additional registration places; educators to serve as deputy registrars; training; registration cards and papers
- § 21-2-216 - Qualifications of electors generally; reregistration of electors purged from list; eligibility of nonresidents who vote in presidential elections; retention of qualification for standin
- § 21-2-217 - Rules for determining residence
- § 21-2-218 - Cancellation of registration in former state or county; address changes and corrections
- § 21-2-219 - Registration cards; form; registration by members of armed forces or merchant marine and permanent overseas citizen; Secretary of State to provide information regarding registration and
- § 21-2-220 - Application for registration; identification requirement; rejection for failure to provide required information or for submission of false information; aid to disabled or illiterate
- § 21-2-221 - Driver's license or identification card application as application for voter registration; forms and procedure; electronic transmission of applications and signatures
- § 21-2-221.1 - Voter registration incorporated into resident hunting, fishing, or trapping license; design of forms; record keeping; opting out by businesses selling alcohol for on-premises consumpt
- § 21-2-222 - Designated voter registration agencies and offices; definitions; duties of agencies and offices
- § 21-2-223 - Mail voter registration application forms
- § 21-2-224 - Registration deadlines; restrictions on voting in primaries; official list of electors; voting procedure when portion of county changed from one county to another
- § 21-2-225 - Confidentiality of original registration applications; limitations on registration data available for public inspection; data made available by Secretary of State
- § 21-2-225.1 - Confidentiality of address of registered electors; term of request; procedure
- § 21-2-226 - Duties of county board in determining eligibility of voters; maps of municipal boundaries; notice of ineligibility; issuance of registration cards; reimbursement for postage cost
- § 21-2-227 - Duty of registrars to furnish list of electors for elections held in governmental subdivisions
- § 21-2-228 - Examination of electors' qualifications; subpoenas; notice and hearing; right of appeal
- § 21-2-229 - Challenge of applicant for registration by other electors; notice and hearing; right of appeal
- § 21-2-230 - Challenge of persons on list of electors by other electors; procedure; hearing; right of appeal
- § 21-2-231 - Lists of persons convicted of felonies, persons identified as non-citizens, persons declared mentally incompetent, and deceased persons provided to Secretary of State; removal of names
- § 21-2-232 - Removal of elector's name from list of electors
- § 21-2-233 - Comparison of change of address information supplied by United States Postal Service with electors list; removal from list of electors; notice to electors
- § 21-2-234 - Electors who have failed to vote and with whom there has been no contact in three years; confirmation notice requirements and procedure; time for completion of list maintenance activiti
- § 21-2-235 - Inactive list of electors
- § 21-2-236 - Periods of retention of registration cards, applications, and records of list maintenance activities
- ARTICLE 7 - PRECINCTS AND POLLING PLACES
- § 21-2-260 - Designation of precincts
- § 21-2-261 - Change in boundaries of precinct; creation of new precincts
- § 21-2-261.1 - Boundary requirements for precincts
- § 21-2-262 - Investigation as to division, redivision, alteration, formation, or consolidation of precincts; petition of electors or board of registrars
- § 21-2-263 - Reduction in size of precincts containing more than 2,000 electors when voting in such precincts at previous general election not completed one hour after closing of polls
- § 21-2-264 - Reimbursement of counties and municipalities for costs incurred pursuant to alteration of precinct boundaries
- § 21-2-265 - Duty of superintendent to select polling places; change; petition objecting to proposed change; space for political parties holding primaries; facilities for disabled voters; selection
- § 21-2-266 - Polling places -- Use of public buildings; use of portable or movable facilities
- § 21-2-267 - Polling places -- Equipment; arrangement; storage
- § 21-2-268 - Compensation for rent, heat, light, and janitorial services
- § 21-2-269 - Construction of rooms for use as temporary polling places
- § 21-2-270 - Run-off primaries
- ARTICLE 8 - VOTING BY BALLOT
- § 21-2-280 - Requirement as to conduct of primaries and elections by ballot; requirement as to use of official ballots only
- § 21-2-281 - Voting by paper ballot when use of voting equipment impossible or impracticable
- § 21-2-282 - Voting by paper ballot when use of vote recorders impossible or impracticable
- § 21-2-283 - Printing and safekeeping of ballots and labels by superintendent
- § 21-2-284 - Form of official primary ballot; attestation regarding receiving value in exchange for vote
- § 21-2-284.1 - Nonpartisan municipal primaries -- Form of ballot
- § 21-2-285 - Form of official election ballot; attestation on receipt of benefit in exchange for vote; when an election is not required
- § 21-2-285.1 - Nonpartisan elections -- Form of ballot; runoff election; declaration of prevailing candidate as duly elected
- § 21-2-286 - Printing specifications, numbering, and binding of ballots
- § 21-2-287 - Form of absentee ballot
- § 21-2-288 - Procedure as to printing of ballots when candidates for same nomination or office have same or similar names
- § 21-2-289 - Printing on ballots of names of substitute candidates
- § 21-2-290 - Superintendent to provide number of ballots equal to number of registered electors in precinct
- § 21-2-291 - Procedure as to unopposed candidates
- § 21-2-292 - Duty of superintendent to have forms of ballots on file for public inspection prior to election
- § 21-2-293 - Correction of mistakes and omissions on ballot
- § 21-2-294 - Responsibility of superintendent for recording number of ballots furnished and number of stubs, unused ballots, and canceled ballots returned
- ARTICLE 8A - STATE-WIDE VOTING EQUIPMENT
- § 21-2-300 - Provision of new voting equipment by state; contingent upon appropriations; county responsibilities; education; county and municipal contracts for equipment
- § 21-2-301 - Pilot program; testing and evaluation of electronic voting systems; creation of Twenty-first Century Voting Commission
- ARTICLE 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY
- ARTICLE 10 - ABSENTEE VOTING
- § 21-2-380 - "Absentee elector" defined; when reason for absentee ballot not required
- § 21-2-380.1 - Appointment of absentee ballot clerk
- § 21-2-381 - Making of application for absentee ballot; determination of eligibility by ballot clerk; furnishing of applications to colleges and universities; persons entitled to make application
- § 21-2-381.1 - Procedures for voting with special write-in absentee ballots by qualified absentee electors
- § 21-2-381.2 - State write-in absentee ballot for certain electors
- § 21-2-382 - Additional sites as additional registrar's office or place of registration for absentee ballots
- § 21-2-383 - Preparation and delivery of ballots; form of ballots; casting ballot in person using DRE unit
- § 21-2-384 - Preparation and delivery of supplies; mailing of ballots; oath of absentee electors and persons assisting absentee electors; master list of ballots sent; challenges; electronic transmis
- § 21-2-385 - Procedure for voting by absentee ballot
- § 21-2-385.1 - Preferential treatment for older and disabled voters
- § 21-2-386 - Safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; notification of challenged ele
- § 21-2-387 - Electronic handling of absentee ballots; requirements for pilot program; reporting; termination of pilot program
- § 21-2-388 - Cancellation of absentee ballots of electors who are present in election precinct during primaries and elections
- § 21-2-389 - Payment of postage for mailing absentee ballots
- § 21-2-390 - Delivery of election materials to clerk of superior court or city clerk after primary or election; accounting for ballots by registrars or municipal absentee ballot clerks
- ARTICLE 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS
- ARTICLE 12 - RETURNS
- § 21-2-490 - Hours of operation of office of superintendent and chairperson of county board of registrars on primary and election days; applicability to counties having population of 550,000 or more
- § 21-2-491 - Public inspection of unsealed returns at office of superintendent; opening of sealed envelopes upon order of superintendent or court
- § 21-2-492 - Computation and canvassing of returns; notice of when and where returns will be computed and canvassed; blank forms for making statements of returns; swearing of assistants
- § 21-2-493 - Computation, canvassing, and tabulation of returns; investigation of discrepancies in vote counts; recount procedure; certification of returns; change in returns
- § 21-2-494 - Computation and certification of write-in votes
- § 21-2-495 - Procedure for recount or recanvass of votes; losing candidate's right to a recount
- § 21-2-496 - Preparation and filing by superintendent of four copies of consolidated return of primary; electronic filing
- § 21-2-497 - Preparation and filing by superintendent of four copies of consolidated return of elections
- § 21-2-498 - Constitutional Officers Election Board
- § 21-2-499 - Duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers; certification of presidential electors by Governor
- § 21-2-500 - Delivery of voting materials; presentation to grand jury in certain cases; preservation and destruction; destruction of unused ballots
- § 21-2-501 - Number of votes required for election
- § 21-2-501.1 - Timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years
- § 21-2-502 - Issuance of certificates of election and commission; Governor's proclamation as to constitutional amendments
- § 21-2-503 - Issuance of commission to person whose election is contested; procedure upon finding that person to whom commission was issued was not legally elected
- § 21-2-504 - Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officer-elect to qualify
- 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
- ARTICLE 14 - SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
- § 21-2-540 - Conduct of special elections generally
- § 21-2-541 - Holding of special primary or election at time of general primary or election; inclusion of candidates and questions in special primary or election on ballot
- § 21-2-541.1 - Terms for all municipal offices elected at general municipal elections
- § 21-2-541.2 - Providing by local law for terms of office
- § 21-2-542 - Special election for United States senator vacancy; temporary appointment by Governor
- § 21-2-543 - Special election for United States congressional representative vacancy
- § 21-2-543.1 - Procedures for filling vacancies in federal House of Representatives
- § 21-2-544 - Special election for General Assembly vacancy
- § 21-2-545 - Procedure as to unopposed candidates
- ARTICLE 15 - MISCELLANEOUS OFFENSES
- § 21-2-560 - Making of false statements generally
- § 21-2-561 - False registration
- § 21-2-562 - Fraudulent entries; unlawful alteration or destruction of entries; unlawful removal of documents; neglect or refusal to deliver documents
- § 21-2-563 - Improper signing or alteration of nomination petitions or affidavits
- § 21-2-564 - Willful destruction, fraudulent filing, or suppression of nomination materials
- § 21-2-565 - Making of false statements in connection with filing notice of candidacy or qualifying as candidate for party nomination; duties of district attorney as to violations
- § 21-2-566 - Interference with primaries and elections generally
- § 21-2-567 - Intimidation of electors
- § 21-2-568 - Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector's vote; influencing voter while assisting
- § 21-2-569 - Interfering with poll officers
- § 21-2-570 - Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate
- § 21-2-571 - Voting by unqualified elector or giving false information
- § 21-2-572 - Repeat voting in same primary or election
- § 21-2-573 - Absentee voting by unqualified elector
- § 21-2-574 - Unlawful possession of ballots
- § 21-2-575 - Counterfeit ballots or ballot labels; sample or facsimile ballots
- § 21-2-576 - Destroying, defacing, or delaying delivery of ballots
- § 21-2-577 - Improper removal of ballots from book of official ballots
- § 21-2-578 - Unfolding, opening, or prying into ballots
- § 21-2-579 - Fraudulently allowing ballot or voting machine to be seen; casting unofficial ballot; receiving unauthorized assistance in voting
- § 21-2-580 - Tampering with, damaging, improper preparation of, or prevention of proper operation of voting machines
- § 21-2-581 - Unauthorized making or possession of voting machine key
- § 21-2-582 - Tampering with, damaging, or preventing of proper operation of direct recording electronic equipment or tabulating device
- § 21-2-582.1 - Penalty for voting equipment modification
- § 21-2-583 - Removal or destruction of election supplies or conveniences
- § 21-2-584 - Refusal or failure of manager to administer oath to poll officer; poll officer acting without being sworn; giving of false certification as to swearing of poll officer
- § 21-2-585 - Refusal by superintendent or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents
- § 21-2-586 - Refusal by Secretary of State or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents
- § 21-2-587 - Frauds by poll officers
- § 21-2-588 - Premature counting of votes by poll officer
- § 21-2-589 - Willful omissions by poll officers
- § 21-2-590 - Poll officer permitting unregistered or unqualified persons to vote; refusing to permit registered and qualified persons to vote; unlawful rendering of assistance
- § 21-2-591 - Poll officers permitting unlawful assistance to voters
- § 21-2-592 - Failure of poll officers to keep record of assisted voters
- § 21-2-593 - Failure of law enforcement officers to remove obstacles or to maintain order at polling places; hindrance or delay of poll officers by law enforcement officers
- § 21-2-594 - Offenses by printers of ballots
- § 21-2-595 - Disposition of alcoholic beverages on primary or election days
- § 21-2-596 - Failure of public or political officer to perform duty
- § 21-2-597 - Intentional interference with performance of election duties
- § 21-2-598 - Violations of chapter
- § 21-2-599 - Punishment for misdemeanors under chapter
- § 21-2-600 - Punishment for felonies under chapter
- § 21-2-601 - Use of list of electors for commercial purposes prohibited
- § 21-2-602 - Compensation for soliciting persons to register to vote prohibited
- § 21-2-603 - Conspiracy to commit election fraud