2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 12 - Returns
§ 21-2-494. Computation and Certification of Write-in Votes
The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector.
(Code 1933, § 34-1506, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1987, p. 417, § 9; Ga. L. 1998, p. 295, § 1.)
Law reviews.- For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-1505 are included in the annotations for this Code section.
Constitutionality.
- Trial court did not err in finding that O.C.G.A. § 21-2-494 was constitutional, despite an election challenger's claim that it impermissibly allowed the exclusion of votes for write-in candidates and because it did not require that voters be provided with notice that write-in votes for unqualified candidates would not be counted, as: (1) it was undisputed that nine write-in votes were cast for individuals who were not eligible to hold office, as these people did not give proper notice of their intention of candidacy; (2) no voters were disenfranchised; (3) each voter was given the opportunity to vote for the candidate of his or her own choosing; and (4) the legislature properly exercised its power when it limited the counting of write-in votes to votes cast for qualified write-in candidates. Brodie v. Champion, 281 Ga. 105, 636 S.E.2d 511 (2006).
Persons with spelling problems.- Persons who do not spell well may take a paper with them into the voting booth which contains the correct spelling of their candidate's name and from which they may copy that name. Morris v. Fortson, 261 F. Supp. 538 (N.D. Ga. 1966) (decided under former Code 1933, § 34-1505).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 34-1505, are included in the annotations for this Code section.
Stickers, pasters, and stamps.- The use of stickers, pasters, and stamps is not permitted in casting a write-in vote in instances where voting machines or vote recorders are used. 1965-66 Op. Att'y Gen. No. 66-230 (decided under former Code 1933, § 34-1505).
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Elections, § 329 et seq.
C.J.S.- 29 C.J.S., Elections, § 305 et seq.
ALR.- Validity of write-in vote where candidate's surname only is written in on ballot, 86 A.L.R.2d 1025.
