2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 7 - Precincts and Polling Places
§ 21-2-261. Change in Boundaries of Precinct; Creation of New Precincts
- The superintendent of a county or the governing authority of a municipality may, as provided in Code Section 21-2-262, divide or redivide any precinct in that county or municipality into two or more precincts of compact and contiguous territory, or alter the bounds of any precinct in that county or municipality, or form a precinct out of two or more adjoining precincts or parts of precincts in that county or municipality, or consolidate adjoining precincts in that county or municipality, so as to suit the convenience of the electors and to promote the public interests.
- No new precinct shall be formed that shall contain less than 100 electors.
- The bounds of a precinct shall not be altered on a day in which a primary or election is held, or during the period of 60 days prior to any general primary or election, or during the period of 30 days prior to any special primary or election. The superintendent of a county or the governing authority of a municipality shall promptly notify the board of registrars of any change in the bounds of precincts.
- Any precinct established or altered under the provisions of this article must conform with the requirements of subsection (a) of Code Section 21-2-261.1.
(Code 1933, § 34-702, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 2; Ga. L. 1996, p. 145, § 11; Ga. L. 1998, p. 295, § 1.)
Cross references.- Further provisions regarding authority of municipalities to reapportion election districts, § 36-35-4.1.
Administrative Rules and Regulations.- Precincts, changes in boundaries, notification of electors, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Election Districts and Polling Places, § 183-1-7-.01.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933 § 34A-602 are included in the annotations for this Code section.
Time limit provisions for altering election precinct boundaries.
- It is only where the governing authority of the municipality seeks to alter the bounds of municipal election districts (now precincts) that the 30-day and 60-day time limit provisions of former Code 1933, § 34A-602 are triggered. Wall v. Board of Elections, 242 Ga. 566, 250 S.E.2d 408 (1978) (decided under former Code 1933, § 34A-602).
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Elections, § 8 et seq.
C.J.S.- 29 C.J.S., Elections, § 83.
