2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 14 - Special Elections and Primaries Generally; Municipal Terms of Office
§ 21-2-541. Holding of Special Primary or Election at Time of General Primary or Election; Inclusion of Candidates and Questions in Special Primary or Election on Ballot

1. A special primary or election may be held at the time of a general primary or election.
2. If the times specified for the closing of the registration list for a special primary or election are the same as those for a general primary or election, the candidates and questions in such special primary or election shall be included on the ballot for such general primary or election. In such an instance, the name of the office and the candidates in such special election shall appear on the ballot in the position where such names would ordinarily appear if such contest was a general primary or election.

(Code 1933, § 34-807, enacted by Ga. L. 1973, p. 174, § 1; Ga. L. 1975, p. 808, § 2; Ga. L. 1979, p. 955, § 3; Ga. L. 1996, p. 166, § 1; Ga. L. 1998, p. 295, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Special election may be held on day of general election.

- A special election may be held on the day of the general election only if the general election deadlines for qualification by candidates and voter registration are met. 1974 Op. Att'y Gen. No. 74-130.

- A tax referendum may be held on the same day as a general primary so long as a separate special election ballot is utilized. 1978 Op. Att'y Gen. No. 78-29.

- Since the Commissioner of Labor is routinely elected at the same time as the Governor and holds his or her office for the same term, an election which must be held to fill the balance of the unexpired term after the Commissioner withdraws is one "that arises from some exigency or special need outside the usual routine," which would be categorized as a "special election" under Georgia law. The Georgia Election Code certainly authorizes, but does not require, a special primary in this situation. 1992 Op. Att'y Gen. No. 92-11.

- Where the local law creating the board of commissioners for Houston County, as amended, provides that, with regard to vacancies occurring more than one year prior to the expiration of the term of office, the vacancy "shall be filled by a special election called by the election superintendent of Houston County in the same manner as in the case to fill vacancies in other county offices . . .," the general law relating to the filling of a vacancy on the county commission is not applicable, and the special election to fill the vacancy in the office of county commissioner should be conducted pursuant to the general special election provisions of the Georgia Election Code, O.C.G.A. §§ 21-2-540 and21-2-541, as is the case with vacancies in other county offices where there is no specific provision which applies. 1990 Op. Att'y Gen. No. U90-9.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 270, 303.

- 29 C.J.S., Elections, § 144 et seq.