2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 4 - Selection and Qualification of Candidates and Presidential Electors
Part 2 - Political Party and Nonpartisan Primaries
§ 21-2-153.1. Qualification of Candidates for Party Nomination in a Municipal Primary; Unopposed Candidates; Filing of Affidavit With Political Party; Posting of List of All Qualified Candidates

Universal Citation: GA Code § 21-2-153.1 (2020)
  1. Unless otherwise provided by law, all candidates for party nomination in a municipal primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general municipal primary, the candidates, or their agents, shall qualify at least 15 but not more than 45 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. In the case of a special municipal primary, the candidates, or their agents, shall qualify at least ten but not more than 30 days prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. The executive committee or other rule-making body of the party shall fix the qualifying date within the limitations provided in this Code section.
  2. After the expiration of the applicable qualification deadline prescribed in subsection (a) of this Code section, each candidate for nomination to a municipal office, having no opposing candidates within his or her own political party, shall automatically become the nominee of his or her party for such office if the applicable city charter or ordinance does not provide to the contrary. The name of such an unopposed candidate and the title of the nomination he or she is seeking shall not be placed upon the primary ballots or ballot labels. The proper officials of his or her political party shall certify the candidate as the party nominee for the office involved for the purpose of having his or her name placed upon the election ballots or ballot labels. In applying Code Sections 21-2-131 through 21-2-134, such an unopposed municipal candidate shall be deemed to have been nominated in a primary held by his or her political party.
  3. No person shall qualify with any political party as a candidate for nomination to any municipal office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any municipal office; nor shall a municipal or other appropriate executive committee of a political party certify any person as the candidate of said party when such person has previously qualified as a candidate for nomination for any public office for the same primary with another political party.
  4. Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
    1. His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidate's voter registration card. After such name is submitted by the candidate to the political party, the form of such name shall not be changed during the primary and election for which such affidavit is submitted;
    2. His or her residence, with street and number, if any, and his or her post office address;
    3. His or her profession, business, or occupation, if any;
    4. The name of his or her precinct;
    5. That he or she is an elector of the municipality of his or her residence and is eligible to vote in the primary election in which he or she is a candidate for nomination;
    6. The name of the office he or she is seeking;
    7. That he or she is eligible to hold such office;
    8. That he or she has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his or her civil rights have been restored; and
    9. That he or she will not knowingly violate this chapter or any rules and regulations adopted under this chapter.
  5. Within two hours after the qualifications have ceased, the municipal executive committee of each political party shall post a list of all candidates who have qualified with such committee at city hall.

(Code 1981, §21-2-153.1, enacted by Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 10; Ga. L. 2005, p. 253, § 21/HB 244.)

Cross references.

- Persons ineligible to hold public office, Ga. Const. 1983, Art. II, Sec. II, Para. III.


Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-906 are included in the annotations for this Code section.

If all candidates are unopposed, opening of polls unnecessary.

- It is not necessary to open the polls when candidates have all been automatically nominated prior to any primary pursuant to the provisions of subsection (b) of former Code 1933, § 34A-906. 1968 Op. Att'y Gen. No. 68-321 (decided under former Code 1933, § 34A-906).


Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 236, 250 et seq.


- 29 C.J.S., Elections, § 205 et seq.

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