2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 3 - Registration of and Committee Organization of Political Parties and Bodies
§ 21-2-113. Chief Executive and County Executive Committees

Universal Citation: GA Code § 21-2-113 (2020)
  1. Each political body shall establish and maintain a chief executive committee exercising jurisdiction and control over body affairs in the area of the state in which it operates and a county executive committee exercising county-wide jurisdiction and control over body affairs in each county in which the body operates if it operates in two or more counties. A body may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the chief executive committee. Each committee shall be presided over by a chairperson and shall have a secretary and such other officers as deemed advisable.
  2. The chief executive committee of each political body shall formulate, adopt, and promulgate rules and regulations, consistent with law, governing the conduct of conventions and other body affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairperson, have been filed with the Secretary of State.
  3. The respective county executive committees of each political body shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the chief executive committee, governing the conduct of conventions and other body affairs. No such rule or regulation shall be effective until a copy thereof, certified by the chairperson, has been filed with the superintendent of the county.
  4. Whenever a municipal executive committee of a political party is established, such committee shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the State Election Board and the state executive committee, governing the conduct of primaries, conventions, and other party affairs within the municipality. No such rule and regulation shall be effective until copies thereof, certified by the chairperson, have been filed with the clerk of the municipality.

(Code 1933, § 34-905, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, § 195.

C.J.S.

- 29 C.J.S., Elections, § 155 et seq.

ALR.

- Extent of power of political party, committee, or officer to exclude persons from participating in its primaries as voters or candidates, 70 A.L.R. 1501, 88 A.L.R. 473, 97 A.L.R. 685, 151 A.L.R. 1121.

ARTICLE 4 SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 34-19 are included in the annotations for this article.

Nomination by primary or by petition not unconstitutional.

- Georgia has not violated the equal protection clause of the Fourteenth Amendment by making available two alternative paths for nomination of candidates, neither of which can be assumed to be inherently more burdensome than the other. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).

Right to endorse candidates generally.

- Any political organization, however new or however small, is free to endorse any otherwise eligible person as its candidate for whatever elective public office it chooses. McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).

Election void when conducted with complete disregard for law.

- While failure to observe some of the requirements of the provisions of this former article might be mere irregularities not rendering the election void, when the election is conducted with an absolute and complete disregard for the law contained in that article, the election is void. Williams v. Cox, 214 Ga. 354, 104 S.E.2d 899 (1958), later appeal, 216 Ga. 535, 117 S.E.2d 899 (1961) (decided under former Code 1933, Ch. 34-19).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933, Ch. 34-10 are included in the annotations for this article.

Offices of Savannah city court and municipal court judge are county offices. 1970 Op. Att'y Gen. No. 70-124.

If special election fails, offices of justice of peace and constable are filled by election rather than appointment. 1969 Op. Att'y Gen. No. 69-59 (decided under former Code 1933, Ch. 34-10).

PART 1 GENERAL PROVISIONS

Law reviews.

- For note on the 2001 amendments to this part, see 18 Ga. St. U. L. Rev. 96 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-111 are included in the annotations for this part.

Reservation of power by city as to voter and candidate qualifications.

- Where contract between city and county authorized county to conduct a "valid election" but specifically reserved in city the power to render decisions "concerning the qualifications of electors, candidates and other matters involving factual or legal questions," county board of registration and elections did not have authority to issue a resolution recommending that appellant be disqualified. Campbell v. Fulton County Bd. of Registration & Elections, 249 Ga. 845, 295 S.E.2d 80 (1982) (decided under former Code 1933, § 34A-111).

OPINIONS OF THE ATTORNEY GENERAL

Notice of intention need not be given in advance by write-in candidate in special election. 1969 Op. Att'y Gen. No. 69-59 (decided prior to enactment of O.C.G.A. 21-2-133).

RESEARCH REFERENCES

ALR.

- Construction and application of statutes and ordinances concerning establishment of residency as condition for running for municipal office, 74 A.L.R.6th 209.

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