2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 4 - Selection and Qualification of Candidates and Presidential Electors
Part 3 - Nomination and Qualification of Independent Candidates, Candidates of Political Bodies, and Presidential Electors
§ 21-2-172. Nomination of Presidential Electors and Candidates of Political Bodies by Convention

1. Any political party desiring to nominate its presidential electors by convention, any political body desiring to nominate its candidates qualifying with petitions by convention, and any political body desiring to nominate its candidates for state-wide public office by convention by virtue of qualifying under Code Section 21-2-180 shall, through its state executive committee, adopt rules and regulations in conformity with this Code section governing the holding of such conventions for the nomination of candidates for any state, district, or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The state party or body chairperson of such political party or body and its secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method.
2. The Secretary of State shall examine all such rules and all amendments thereto as shall be filed with him or her within 15 days after receipt thereof. If, in the opinion of the Secretary of State, any rule or regulation, or any part thereof, does not meet the requirements prescribed by this Code section, he or she shall notify the state party or body chairperson and secretary of such party or body in writing, stating therein his or her reasons for rejecting such rule or regulation. If, in the judgment of the Secretary of State, such rules and regulations meet the requirements prescribed by this Code section, they shall be approved.
3. The Secretary of State shall not approve any such rules or regulations unless they provide:
   1. That a notice of the proposed date for the holding of any such convention must be published in a newspaper having a general circulation within the area to be affected at least ten days prior to the date of any such convention. Such notice shall also state the purpose for which the convention has been called;
   2. That delegates to the convention shall be certified pursuant to appropriate party or body rules by the proper party or body officials;
   3. That delegates to the convention shall be apportioned in such manner as will properly reflect the number of electors residing within the political subdivisions or areas affected in accordance with the last United States decennial census, or apportioned according to the number of votes received by the party's candidate for the office of President of the United States in the last presidential election in the areas concerned, or apportioned according to the number of votes received by the party's candidate for the office of Governor of Georgia in the last gubernatorial election in the areas concerned;
   4. In the event that more than one county is involved, each county shall have at least one delegate to the convention, and such additional delegates as shall be allotted thereto shall be apportioned according to paragraph (3) of this subsection; and
   5. That a certified copy of the minutes of the convention, attested to by the chairperson and secretary of the convention, must be filed by the nominee with his or her nomination petition.
4. Any candidate nominated by convention shall be required to pay to the person with whom he or she files his or her notice of candidacy the same qualifying fee or the same pauper's affidavit and qualifying petition as that required of other candidates for the same office.
5. A convention for the purpose of nominating candidates shall be held at least 150 days prior to the date on which the general election is conducted.
6. Nothing contained within this Code section shall be construed so as to apply to the nomination of substitute candidates by convention pursuant to Code Section 21-2-134 or to the nomination of candidates in special elections.

(Code 1933, § 34-1012, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1986, p. 890, § 4; Ga. L. 1987, p. 34, § 1; Ga. L. 1987, p. 647, § 3; Ga. L. 1989, p. 643, § 7; Ga. L. 1990, p. 53, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess., p. 325, § 8; Ga. L. 2014, p. 1, § 4/HB 310; Ga. L. 2019, p. 7, § 4/HB 316.)

The 2019 amendment, effective April 2, 2019, substituted "nomination petition" for "notice of candidacy" at the end of paragraph (c)(5).

- For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).

For comparison of procedures followed by political parties and political bodies, see 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).

- The procedures provided for in O.C.G.A. §§ 21-2-132(c) and (d) (see now (d) and (e)),21-2-170(b) and (g),21-2-171(a),21-2-172, and21-2-322(7) relate only to the right to have the name of a candidate or the nominee of a political body printed on the ballot. There is no limitation whatever, procedural or substantive, on the right of a voter to write in on the ballot the name of the candidate of the voter's choice and to have that write-in vote counted. 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).

Cited in Ashworth v. Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-904 are included in the opinions under this Code section.

- The requirements as to conventions under former Code 1933, § 34-1012 (see now O.C.G.A. § 21-2-172) were not added to the requirements as to nomination petitions under former Code 1933, § 34-1004 (see now O.C.G.A. § 21-2-151). 1968 Op. Att'y Gen. No. 68-314.

- The effect of former Code 1933, § 34-1004 (see now O.C.G.A. § 21-2-151) and former Code 1933, § 34-1012 (see now O.C.G.A. § 21-2-172) was to exempt only candidates nominated in a primary from paying the qualification fee. 1968 Op. Att'y Gen. No. 68-316.

- Former Code 1933, § 34A-904 authorized the city's governing authority to charge qualification fees to those running for office in a general city election. 1969 Op. Att'y Gen. No. 69-330 (decided under former Code 1933, § 34A-904).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 222 et seq.

- 29 C.J.S., Elections, § 184 et seq.

- Construction and application of statutes relating to filling vacancies in nominations for election to public office, 143 A.L.R. 996.

PART 4 NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION

21-2-180. Manner of qualification.

Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if:

1. The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election; or
2. At the preceding general election, the political body nominated a candidate for state-wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election.

(Code 1981, §21-2-180, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1998, p. 295, § 1.)