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2006 Georgia Code - 21-2-325
21-2-325. (a) The ballot labels shall be printed in black
ink upon clear, white, or pastel colored material, of such size as
will fit the ballot frame, and in plain, clear type so as to be
easily readable by persons with normal vision. (b) If the construction of the machine shall
require it, the ballot label for each candidate, group of
candidates, political party or body, or question to be voted on
shall bear the designating letter or number of the counter on the
voting machine which will register or record votes therefor. Each
question to be voted on shall appear on the ballot labels in brief
form. Unless otherwise provided by law, proposed constitutional
amendments so submitted shall be in brief form as directed by the
General Assembly and, in the failure to so direct, the form shall
be determined by the Secretary of State. 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. In the case of questions to be
voted on by the electors of a municipality, the governing authority
shall determine the brief form of the questions.
(c) The ballot label for each
candidate or group of candidates nominated by a party or body shall
contain the name or designation of the party or body.
(d) The titles of offices may be
arranged horizontally or vertically, with the names of candidates
for an office arranged transversely under or opposite 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
labels. (e) The names of all
candidates nominated by a party or body shall appear in adjacent
rows or columns containing generally the names of candidates
nominated by such party or body, provided that the names of
individual candidates for presidential elector shall not appear
upon the ballot labels, but, in lieu thereof, the names of the
candidates of such party or body for President and Vice President
shall be printed together with the name of such party or
body. (f) The form and
arrangement of ballot labels shall be prepared by the
superintendent. (g) The names
of all candidates of a party or body shall appear in the same row
or column, and no other names shall appear in the same row or
column. The names of candidates and independent candidates shall be
arranged under or opposite the title of the office for which they
are candidates and shall appear in the order prescribed by
subsection (c) and the second sentence of subsection (e) of Code
Section 21-2-285. The rows or columns occupied by the names of the
candidates of political parties and bodies shall be arranged
according to the priority prescribed by subsection (c) of Code
Section 21-2-285. When voting machines are used on which the titles
of offices are arranged horizontally, the names of all candidates
for the same office shall appear within the same vertical lines.
The names of all candidates in a nonpartisan election held in
conjunction with a general election shall appear on a separate
portion of the voting machine in the form and arrangement
prescribed in Code Section 21-2-285.1 insofar as practicable. At
the top of the separate portion shall be printed in prominent type
the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) In primaries, the ballot labels
containing the names of candidates seeking nomination by a
political party shall be segregated on the face of the machine in
adjacent rows or columns by parties, the priority of such political
parties on the ballot labels to be determined in the order
prescribed by subsection (c) of Code Section 21-2-285. If a
nonpartisan election is being held in conjunction with a partisan
primary, each partisan ballot label shall be clearly marked to
indicate that the elector may vote in the nonpartisan election
also. In nonpartisan elections, the ballot labels shall include a
separate portion for the names of candidates seeking election in a
nonpartisan election and the heading and arrangement of such
candidates shall be as prescribed by Code Section 21-2-284.1
insofar as practicable. At the top of the separate portion shall be
printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION
BALLOT.' (i) In primaries, if
it shall be impracticable to place on the ballot labels of one
machine the names of all candidates seeking nomination in all
political parties and the names of all candidates seeking election
in a nonpartisan election, the superintendent may arrange for the
names of all the candidates seeking nomination in any one political
party to be placed on separate voting machines; provided, however,
that the names of all candidates seeking election in a nonpartisan
election shall appear on all machines. (j) Within the instruction section of the ballot
label there shall be printed 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.' (k) Any
other provision of law to the contrary notwithstanding, in the
event there is no opposed candidate in a precinct in a special or
general election, no special or general 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. Each such unopposed candidate shall be deemed to have
voted for himself or herself. Where feasible, the superintendent
shall provide notice reasonably calculated to inform the affected
electorate that no special or general election is to be conducted.
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 21-2-493.
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