2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 12 - Returns
§ 21-2-501. Number of Votes Required for Election

1. 1. 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, special primary runoff, run-off election, or special election runoff shall be held as provided in this subsection.
   2. In the case of a runoff from a general primary or a special primary or special election held in conjunction with a general primary, the runoff shall be held on the Tuesday of the ninth week following such general primary.
   3. In the case of a runoff from a general election for a federal office or a runoff from a special primary or special election for a federal office held in conjunction with a general election, the runoff shall be held on the Tuesday of the ninth week following such general election.
   4. In the case of a runoff from a general election for an office other than a federal office or a runoff from a special primary or special election for an office other than a federal office held in conjunction with a general election, the runoff shall be held on the twenty-eighth day after the day of holding the preceding general election.
   5. In the case of a runoff from a special primary or special election for a federal office not held in conjunction with a general primary or general election, the runoff shall be held on the Tuesday of the ninth week following such special primary or special election.
   6. In the case of a runoff from a special primary or special election for an office other than a federal office not held in conjunction with a general primary or general election, the runoff shall be held on the twenty-eighth day after the day of holding the preceding special primary or special election; provided, however, that, if such runoff is from a special primary or special election held in conjunction with a special primary or special election for a federal office and there is a runoff being conducted for such federal office, the runoff from the special primary or special election conducted for such other office may be held in conjunction with the runoff for the federal office.
   7. 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.
   8. 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.
   9. 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.
   10. 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.
2. 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.
3. 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; provided, however, that, in the case of a runoff from a municipal special election that is held in conjunction with a special election for a federal office and not in conjunction with a general primary or general election, the municipality may conduct such runoff from such municipal special election on the date of the special election runoff for the federal office. 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. The municipality shall give written notice to the Secretary of State of such runoff as soon as such municipality certifies the preceding primary, special primary, election, or special election.
4. 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.
5. 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.
6. 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.

(Code 1933, § 34-1513, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 257, § 2; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1971, p. 602, § 3; Ga. L. 1975, p. 867, § 1; Ga. L. 1979, p. 904, § 1; Ga. L. 1981, p. 1718, § 10; Ga. L. 1983, p. 827, § 2; Ga. L. 1986, p. 855, § 7; Ga. L. 1987, p. 417, § 10; Ga. L. 1994, p. 279, § 11; Ga. L. 1994, p. 1443, § 10; Ga. L. 1996, p. 101, § 4; Ga. L. 1996, p. 145, § 20; Ga. L. 1997, p. 590, § 39; Ga. L. 1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 825, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 17; Ga. L. 2001, p. 240, § 42; Ga. L. 2003, p. 517, § 59; Ga. L. 2005, p. 253, § 63/HB 244; Ga. L. 2008, p. 817, § 7/HB 1098; Ga. L. 2010, p. 914, § 24/HB 540; Ga. L. 2014, p. 1, § 7/HB 310; Ga. L. 2017, p. 2, § 2/HB 42.)

The 2017 amendment, effective February 23, 2017, added the proviso at the end of paragraph (a)(6); and added the proviso at the end of the second sentence of subsection (c).

- Run-off elections, Ga. Const. 1983, Art. II, Sec. II, Para. II.

- Ga. L. 1983, p. 827, § 1, not codified by the General Assembly, provided: "It is the intent of this Act to implement certain changes required by Article II, Section II, Paragraph II of the Constitution of the State of Georgia."

- For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014). For note, "Who Drew Congressional District Lines: The Georgia General Assembly or the United States Department of Justice?," see 11 Ga. St. U. L. Rev. 381 (1995).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 34-3212, 34-3213, 34A-1407 and Code Section 21-3-407 are included in the annotations for this Code section.

- State run-off election for national senator on November 24 for resolving plurality deadlock was valid under O.C.G.A. § 21-2-501 as a legitimate state exercise of a "failure-to-elect" mechanism pursuant to 2 U.S.C. § 8, and did not effect an unconstitutional regulation of the timing for elections of United States Senators as mandated by 2 U.S.C. § 1, and U.S. Const., art. I, sec. IV, cl. I. Nor was the election invalid on the grounds that O.C.G.A. § 21-2-501 violates U.S. Const., art. I, sec. III, cl. III, by adding as a qualification for the office of United States Senator that a candidate receive a majority of the votes cast, as it is more accurately interpreted as a method for construing the meaning of the votes cast than as a way of describing the candidates involved in the campaign. Public Citizen, Inc. v. Miller, 813 F. Supp. 821 (N.D. Ga.), aff'd, 992 F.2d 1548 (11th Cir. 1993).

The majority vote requirement of O.C.G.A. § 21-2-501, also known as the primary runoff requirement, does not violate § 2 of the Voting Rights Act, 42 U.S.C. § 1973, or the First, Fourteenth or Fifteenth Amendments to the United States Constitution. Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998), cert. denied, 526 U.S. 1131, 119 S. Ct. 1805, 143 L. Ed. 2d 1008 (1999).

Concept of political equality in the voting booth extends to all phases of state elections. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963) (decided under former Code 1933, §§ 34-3212 and 34-3213).

- Once the geographical unit for which a representative is to be chosen is designated, all who participate in the election are to have an equal vote. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963) (decided under former Code 1933, §§ 34-3212 and 34-3213).

- Given that Ga. L. 2014, p. 1 (HB 310) encompassed comprehensive electoral reforms, and was not merely a legislative fix for the violation of the 45-day transmittal requirement of 42 U.S.C. § 1973ff-1(a)(8)(A), the court could not conclude that the Georgia legislature would go back to the old electoral system if the state's appeal were dismissed as moot. United States v. Georgia, 778 F.3d 1202 (11th Cir. 2015).

Candidate is elected by plurality of votes cast if municipal charter or ordinance so provides. Barrett v. City of Perry, 229 Ga. 267, 191 S.E.2d 74 (1972) (decided under former Code Section 1933, § 34A-1407).

Cited in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Bond v. Fortson, 334 F. Supp. 1192 (N.D. Ga. 1971); Georgia v. United States, 411 U.S. 526, 93 S. Ct. 1702, 36 L. Ed. 2d 472 (1973); Pitts v. Carter, 380 F. Supp. 8 (N.D. Ga. 1974); Hill v. Brown, 227 Ga. 549, 181 S.E.2d 840 (1971); Pitts v. Busbee, 511 F.2d 126 (5th Cir. 1975); Pitts v. Cates, 536 F.2d 56 (5th Cir. 1976); Ingram v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977); Bailey v. Vining, 514 F. Supp. 452 (M.D. Ga. 1981); Hall v. Holder, 955 F.2d 1563 (11th Cir. 1992); Jones v. Norris, 262 Ga. 468, 421 S.E.2d 706 (1992); Hall v. Holder, 117 F.3d 1222 (11th Cir. 1997); City of Monroe v. United States, 522 U.S. 34, 118 S. Ct. 400, 139 L. Ed. 2d 339 (1997).

Elections for probate judges are by majority and not plurality vote. 1983 Op. Att'y Gen. No. U83-16.

- The Secretary of State, Attorney General, State School Superintendent, Commissioner of Agriculture, and Commissioner of Labor must be elected by a majority vote. 1997 Op. Att'y Gen. No. U97-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 375, 380.

- 29 C.J.S., Elections, §§ 208 et seq., 421 et seq.

- Basis for computing majority essential to the adoption of a constitutional or other special proposition submitted to voters, 131 A.L.R. 1382.

Result of election as affected by votes cast for deceased or disqualified person, 133 A.L.R. 319.

Construction and application of Elections Clause of United States Constitution, U.S. Const. Art. I, § 4, cl.1, and state constitutional provisions concerning congressional elections, 34 A.L.R.6th 643.