21-2-501
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21-2-501.
(a)
Except as otherwise provided in this Code section, no candidate shall be
nominated for public office in any primary or special primary or elected to
public office in any election or special election unless such candidate shall
have received a majority of the votes cast to fill such nomination or public
office. In instances where no candidate receives a majority of the votes cast,
a run-off primary, special primary runoff, run-off election, or special election
runoff between the candidates receiving the two highest numbers of votes shall
be held. Unless such date is postponed by a court order, such run-off primary
or special primary runoff shall be held on the twenty-first day after the day of
holding the preceding primary or special primary, provided that, unless
postponed by court order, a runoff in the case of an election or special
election shall be held on the twenty-eighth day after the day of holding the
preceding election or special election. If any candidate eligible to be in a
runoff withdraws, dies, or is found to be ineligible, the remaining candidates
receiving the two highest numbers of votes shall be the candidates in the
runoff. The candidate receiving the highest number of the votes cast in such
run-off primary, special primary runoff, run-off election, or special election
runoff to fill the nomination or public office sought shall be declared the
winner. The name of a write-in candidate eligible for election in a runoff
shall be printed on the election or special election run-off ballot in the
independent column. The run-off primary, special primary runoff, run-off
election, or special election runoff shall be a continuation of the primary,
special primary, election, or special election for the particular office
concerned. Only the electors who were duly registered to vote and not
subsequently deemed disqualified to vote in the primary, special primary,
election, or special election for candidates for that particular office shall be
entitled to vote therein, and only those votes cast for the persons designated
as candidates in such run-off primary, special primary runoff, run-off election,
or special election runoff shall be counted in the tabulation and canvass of the
votes cast. No elector shall vote in a run-off primary or special primary
runoff in violation of Code Section 21-2-224.
(b)
For the purposes of this subsection, the word 'plurality' shall mean the
receiving by one candidate alone of the highest number of votes cast. If the
municipal charter or ordinances of a municipality as now existing or as amended
subsequent to September 1, 1968, provide that a candidate may be nominated or
elected by a plurality of the votes cast to fill such nomination or public
office, such provision shall prevail. Otherwise, no municipal candidate shall
be nominated for public office in any primary or elected to public office in any
election unless such candidate shall have received a majority of the votes cast
to fill such nomination or public office.
(c)
In instances in which no municipal candidate receives a majority of the votes
cast and the municipal charter or ordinances do not provide for nomination or
election by a plurality vote, a run-off primary or election shall be held
between the candidates receiving the two highest numbers of votes. Such runoff
shall be held on the twenty-eighth day after the day of holding the first
primary or election, unless such run-off date is postponed by court order. Only
the electors entitled to vote in the first primary or election shall be entitled
to vote in any run-off primary or election resulting therefrom; provided,
however, that no elector shall vote in a run-off primary in violation of Code
Section 21-2-216. The run-off primary or election shall be a continuation of
the first primary or election, and only those votes cast for the candidates
receiving the two highest numbers of votes in the first primary or election
shall be counted. No write-in votes may be cast in such a primary, run-off
primary, or run-off election. If any candidate eligible to be in a runoff
withdraws, dies, or is found to be ineligible, the remaining candidates
receiving the two highest numbers of votes shall be the candidates in such
runoff. The municipal candidate receiving the highest number of the votes cast
in such run-off primary or run-off election to fill the nomination or public
office sought shall be declared the winner.
(d)
The name of a municipal write-in candidate eligible for election in a municipal
runoff shall be printed on the municipal run-off election ballot in the
independent column.
(e)
In all cities having a population in excess of 100,000 according to the United
States decennial census of 1980 or any future such census, in order for a
municipal candidate to be nominated for public office in any primary or elected
to public office in any municipal election, he or she must receive a majority of
the votes cast.
(f)
Except for presidential electors, to be elected to public office in a general
election, a candidate must receive a majority of the votes cast in an election
to fill such public office. To be elected to the office of presidential
electors, no slate of candidates shall be required to receive a majority of the
votes cast, but that slate of candidates shall be elected to such office which
receives the highest number of votes cast.