2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 13 - Contested Elections and Primaries
§ 21-2-522. Grounds for Contest
A result of a primary or election may be contested on one or more of the following grounds:
- Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;
- When the defendant is ineligible for the nomination or office in dispute;
- When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;
- For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; or
- For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election.
(Code 1933, § 34-1703, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1986, p. 772, § 6; Ga. L. 1993, p. 617, § 10; Ga. L. 1995, p. 1027, § 16; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 261, § 1/SB 456.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-1501 and former Code Section 21-3-422 are included in the annotations for this Code section.
Requirements for invalidating election.
- The governing authority of a municipality may not declare an election void unless a proper petition contesting the election has been filed and a hearing has been conducted at which sufficient evidence to void the election has been produced. 1985 Op. Att'y Gen. No. 85-17 (decided under former § 21-3-422).
Recognition of prior valid acts.- Municipality may treat election ordered as result of failure of prior election as a continuation of that prior election, recognizing those acts validly conducted. 1976 Op. Att'y Gen. No. 76-23 (decided under former Code 1933, § 34A-1501).
Determination of candidate's qualifications.- It is not the responsibility of a judge of the probate court, or a county board of elections, to determine the qualifications of a candidate in a general or special election, nor does the Georgia Election Code grant authority to either a judge of the probate court or a county board of elections to make a factual determination as to the eligibility of a potential candidate. 1976 Op. Att'y Gen. No. 76-90.
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Elections, §§ 389, 390.
C.J.S.- 29 C.J.S., Elections, § 435 et seq.
ALR.
- Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A.L.R. 677.
Effect of irregularities or defects in primary petitions - State cases, 14 A.L.R.6th 543.
