2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 4 - Selection and Qualification of Candidates and Presidential Electors
Part 1 - General Provisions
§ 21-2-130. Procedures for Qualification of Candidates Generally

Candidates may qualify for an election as follows:

1. Nomination through a political party primary;
2. Filing a notice of candidacy and affidavit and paying a qualifying fee or filing a pauper's affidavit with a pauper's petition in conjunction with:
   1. Filing a nomination petition declared lawful pursuant to Code Section 21-2-171 either as an independent candidate or as a nominee of a political body, if duly certified by the chairperson and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
   2. Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
   3. Candidacy in a special election as prescribed in subsection (e) of Code Section 21-2-132;
   4. Qualifying as an incumbent candidate to succeed such incumbent as prescribed in subsection (e) of Code Section 21-2-132; or
   5. Candidacy for election to a nonpartisan office;
3. In the case of an election for presidential electors, nomination as prescribed by rules of a political party and subsection (f) of Code Section 21-2-153; or
4. Substitute nomination by a political party or body as prescribed in Code Section 21-2-134.

(Code 1933, § 34-1001, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1983, p. 1190, § 2; Ga. L. 1986, p. 890, § 1; Ga. L. 1997, p. 590, § 6; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 3; Ga. L. 2017, p. 697, § 2/HB 268.)

The 2017 amendment, effective July 1, 2017, substituted "as follows" for "by virtue of" at the end of the introductory paragraph; substituted "through a political party primary" for "in a primary conducted by a political party" at the end of paragraph (1); rewrote paragraph (2); added subparagraphs (2)(A) through (2)(E); deleted former paragraph (3), which read: "Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;"; redesignated former paragraphs (4) and (5) as present paragraphs (3) and (4), respectively; in paragraph (3), inserted "and subsection (f) of Code Section 21-2-153" and added "or" at the end; substituted "Code Section 21-2-134" for "Code Sections 21-2-134 and 21-2-155, respectively;" at the end of paragraph (4); deleted former paragraph (6), which read: "Candidacy in a special election as prescribed in subsection (e) of Code Section 21-2-132; or"; and deleted former paragraph (7), which read: "Being an incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (e) of Code Section 21-2-132."

- Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.

- For article discussing the impact on bond issues of challenges to voting procedures, see 15 Ga. St. B. J. 15 (1978).

JUDICIAL DECISIONS

Requirement of filing nominating petitions.

- While political parties may nominate candidates through primaries without submitting nominating petitions, nominees of "political bodies" and independent candidates must file nominating petitions to obtain ballot space. Georgia Socialist Workers Party v. Fortson, 315 F. Supp. 1035 (N.D. Ga. 1970), aff'd sub nom., Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).

- Where plaintiff political party held no convention in 1986 to choose its nominees but claimed it was denied ballot access by the fact that it was notified of the resolution of the federal preclearance procedure one day after the deadline for filing notice of candidacy, the court found no merit in this argument since the notice of candidacy provision, enacted a year before the June 9, 1986 preclearance determination, was not altered by the 1986 amendments in O.C.G.A. T. 21 and thus was not subject to the preclearance determination. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986).

Where plaintiff political body contended federal preclearance of the 1986 amendments to this title was "late," plaintiff should have complied with the unchallenged Election Code requirements of holding a convention and filing notice of candidacy. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986).

Cited in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); League of Women Voters v. Board of Elections, 237 Ga. 40, 227 S.E.2d 225 (1976); Ashworth v. Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976); Belluso v. Poythress, 485 F. Supp. 904 (N.D. Ga. 1980).

Candidate may utilize nomination petition despite the fact that a primary will be conducted. 1965-66 Op. Att'y Gen. No. 66-177 (See also 1986 Op. Att'y Gen. 86-41).

- A candidate who wishes to have a political body affiliation listed on the ballot would have to comply with the certification requirements of former Code 1933, § 34-1001 (see now O.C.G.A. § 21-2-130(2)) except when the Election Code dispenses with the requirement of a nomination petition pursuant to former Code 1933, § 34-1002 (see now O.C.G.A. § 21-2-132). 1972 Op. Att'y Gen. No. 72-123.

- The state and county executive committees of a political party have the authority to refuse to qualify a candidate upon a determination that such candidate does not meet the qualifications for nomination to a public office. 1976 Op. Att'y Gen. No. 76-90.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 249 et seq.

- 29 C.J.S., Elections, § 234 et seq.

- Residence or inhabitancy within district or other political unit for which he is elected or appointed as a necessary qualification of officer or candidate, in absence of express provision to that effect, 120 A.L.R. 672.

Constitutionality, construction, and application of statutes regarding party affiliations or change thereof as affecting eligibility to nomination for public office, 153 A.L.R. 641.

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