2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 4 - Selection and Qualification of Candidates and Presidential Electors
Part 4 - Nomination of Candidates of Political Bodies for State-Wide Public Office by Convention
§ 21-2-187. Holding of Conventions; Filing Notice of Candidacy

Political bodies shall hold their conventions in accordance with Code Section 21-2-172, and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21-2-172 in order to qualify its candidates to be listed on the general election ballot.

(Code 1981, §21-2-187, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1987, p. 1360, § 9; Ga. L. 1989, p. 643, § 8; Ga. L. 1997, p. 590, § 17; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess., p. 325, § 9; Ga. L. 2014, p. 1, § 5/HB 310.)

- For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014).

JUDICIAL DECISIONS

Effect of federal preclearance procedure.

- Where plaintiff political party held no convention in 1986 to choose its nominees but claimed it was denied ballot access by the fact that it was notified of the resolution of the federal preclearance procedure one day after the deadline for filing notice of candidacy, the court found no merit in this argument since the notice of candidacy provision, enacted one year before the June 9, 1986 preclearance determination, was not altered by the 1986 amendments in O.C.G.A. T. 21 and thus was not subject to the preclearance determination. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986).

Where plaintiff political body contended federal preclearance of the 1986 amendments to O.C.G.A. T. 21 was "late," plaintiff should have complied with the unchallenged Election Code requirements of holding a convention and filing notice of candidacy. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986).

ARTICLE 5 PRESIDENTIAL PREFERENCE PRIMARY

OPINIONS OF THE ATTORNEY GENERAL

Bond referendum may be held on the date of the presidential preference primary, but the bond referendum should be placed on a separate ballot so that voters need not request a party ballot to vote only in the referendum. 1975 Op. Att'y Gen. No. 75-132.