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2006 Georgia Code - 21-2-285
21-2-285. (a) At the top of each ballot for an election
shall be printed in prominent type the words 'OFFICIAL BALLOT,'
followed by the designation of the precinct for which it is
prepared and the name and date of the election. (b)(1) Directions that explain how to cast a
vote and how to obtain a new ballot after one is spoiled shall
appear immediately under this caption on a ballot presenting the
names of candidates for election to office as specified by the
rules and regulations of the State Election Board.
(2) Marks made in violation of these
directions shall be disregarded in the counting of the votes cast.
The names of persons inserted on the ballot by the elector shall be
written only within the write-in space provided and the insertion
of such names outside such column or by the use of a sticker,
paster, stamp, or other printed or written matter is
prohibited. (c) Immediately
under the directions, the names of all candidates who have been
nominated in accordance with the requirements of this chapter shall
be printed on the ballot and the names of the candidates shall in
all cases be arranged under the titles of the respective offices
they are seeking. In a primary or special election, said names
shall be arranged alphabetically by last name under the title of
the office. The incumbency of a candidate seeking election for the
public office he or she then holds shall be indicated on the
ballot. In a general election, the names of candidates who are
nominees of a political party shall be placed under the name of
their party. The columns of political parties shall be printed on
the ballot, beginning on the left side thereof, and shall be
arranged from left to right in the descending order of the totals
of votes cast for candidates of the political parties for Governor
at the last gubernatorial election. The columns of parties having
no candidate for Governor on the ballot at the last gubernatorial
election shall be arranged alphabetically according to the party
name to the right of the columns of the parties so represented. The
columns of political bodies shall be arranged alphabetically
according to the body name to the right of the party columns. The
names of all independent candidates shall be printed on the ballot
in a column or columns under the heading 'Independent,' which shall
be placed to the right of the political body columns. In the case
of two or more independent candidates seeking the same office,
their names shall be arranged under the title of the office in
alphabetical order. The names of candidates seeking the same office
shall be printed horizontally opposite one another in their
respective columns, and such columns shall be of sufficient length
to permit such an arrangement. To the right of the independent
column or columns shall be printed a blank column sufficient for
the insertion of write-in votes. (d) Unless a candidate has filed with his or her
nominating petition a certificate from a political party or body
attesting that such candidate is the nominee of such party by
virtue of having been nominated in a duly constituted party
convention, the candidatés
name shall appear on the ballot under the independent
column. (e) When presidential
electors are to be elected, the ballot shall not list the
individual names of the candidates for presidential electors but
shall list the names of each political party or body and the names
of the candidates of the party or body for the offices of President
and Vice President of the United States. The individual names or
the nominees of each political party or body for such offices shall
be posted at each polling place arranged alphabetically under the
names of the candidates of the party or body for President and Vice
President of the United States. A vote for the candidates for
President and Vice President of a political party or body shall be
deemed to be a vote for each of the candidates for presidential
electors of such political party or body. (f) When proposed constitutional amendments or
other questions are submitted to a vote of the electors, each
amendment or other question so submitted may be printed upon the
ballot following the groups of candidates for the various offices.
Proposed constitutional amendments so submitted shall be printed in
the order determined by the Constitutional Amendments Publication
Board and in brief form as directed by the General Assembly and, in
the event of a failure to so direct, the form shall be determined
by the Secretary of State and shall include the short title or
heading provided for in subsection (c) of Code Section 50-12-101.
Unless otherwise provided by law, any other state-wide questions so
submitted shall be printed in brief form as directed by the General
Assembly and, in the event of a failure to so direct, the form
shall be determined by the Secretary of State and any local
questions so submitted shall be printed in brief form as directed
by the General Assembly and, in the event of a failure to so
direct, the form shall be determined by the superintendent.
(g) When proposed questions are
submitted to a vote of municipal electors, each question so
submitted may be printed upon the ballot to the right of or below
the groups of candidates for the various offices.
(h) Each ballot shall have printed
thereon the following: 'I
understand that the offer or acceptance of money or any other
object of value to vote for any particular candidate, list of
candidates, issue, or list of issues included in this election
constitutes an act of voter fraud and is a felony under Georgia
law.' (i) The ballots shall
vary in form only as the names of precincts, offices, candidates,
or this chapter may require. (j) Any other provision of law to the contrary
notwithstanding, in the event there is no opposed candidate in a
precinct in a general or special municipal election, no election
shall be held in such precinct unless a write-in candidate has
qualified as provided by law or unless there are issues to be
submitted to the electorate within a precinct. (k) When, pursuant to subsection (j) of this
Code section, no election is to be conducted, the municipality
shall provide notice reasonably calculated to inform the affected
electorate that no election is to be conducted. Each such unopposed
candidate shall be deemed to have voted for himself or herself. The
superintendent shall certify such unopposed candidate as elected in
the same manner as he or she certifies other candidates as elected
pursuant to Code Section 21-2-502.
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