2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 1 - General Provisions
§ 21-2-8. Eligibility for Party Nomination, Public Office, or Performance of Certain Official Acts of Persons Convicted and Sentenced for Certain Crimes; Illegally Holding Any Public Funds; Effect of Disqualification of Superintendent

No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has 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, unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority of a municipality shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent.

(Code 1933, § 34-107, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p. 930, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 1; Ga. L. 2005, p. 253, § 3/HB 244.)

- Persons not eligible to hold office, Ga. Const. 1983, Art. II, Sec. II, Para. III.

Eligibility and qualifications of persons for public office generally, T. 45, C. 2.

Vacating of state office upon conviction of officer for felony, § 45-5-2 and Ga. Const. 1983, Art. II, Sec. III.

- Ga. L. 1983, p. 930, § 1, not codified by the General Assembly, provided: "It is the intent of this Act to implement certain changes required by Article II, Section I, Paragraph III and Article II, Section II, Paragraph III of the Constitution of the State of Georgia."

Cited in Hutto v. Rowland, 226 Ga. 889, 178 S.E.2d 180 (1970); Ingram v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977).

OPINIONS OF THE ATTORNEY GENERAL

Effect of indictment.

- Indictment alone would not disqualify person as candidate for public office. 1968 Op. Att'y Gen. No. 68-102.

Privacy Act of 1974 (Pub. L. 93-579) does not alter the powers conferred or obligations imposed by Ga. L. 1964, Ex. Sess., p. 26, § 1 (see now O.C.G.A. § 21-2-8). 1976 Op. Att'y Gen. No. 76-6.

- The command of the Georgia Crime Information Center Act, Ga. L. 1973, p. 1301, to minimize invasions of privacy requires that disseminations of criminal history records to the State Election Board be limited to records of conviction of one of the classes of offenses enumerated in Ga. L. 1964, Ex. Sess., p. 26, § 1 (see now O.C.G.A. § 21-2-8). 1975 Op. Att'y Gen. No. 75-144.

RESEARCH REFERENCES

Am. Jur. 2d.

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

- 29 C.J.S., Elections, §§ 234, 235.

- Violation of liquor law as infamous crime or offense involving moral turpitude, 40 A.L.R. 1048, 71 A.L.R. 217.

Pardon as restoring public office or license or eligibility therefor, 58 A.L.R.3d 1191.