2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 13 - Contested Elections and Primaries
§ 21-2-527. Pronouncement of Judgment; Effect of Finding of Misconduct by Poll Officers; Calling of Second Primary, Election, or Runoff by Court Upon Finding of Defects

1. After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that qualified candidate who received the requisite number of votes and shall pronounce judgment accordingly; and the clerk of the superior court shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved; and the clerk of the superior court shall certify such determination to the defendant.
2. When a defendant who has received the requisite number of votes for nomination, election, or to compete in a run-off primary or election is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid with regard to such nomination or office and shall call a second primary or election to fill such nomination or office and shall set the date for such second primary or election.
3. If misconduct is complained of on the part of the poll officers of any precinct, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such precinct would change such result.
4. Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the same candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid and shall set the date for such second primary, election, or runoff.

(Code 1933, § 34-1708, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1987, p. 34, § 1; Ga. L. 1987, p. 1360, § 19; Ga. L. 1991, p. 133, § 1; Ga. L. 1995, p. 1027, § 17; Ga. L. 1997, p. 590, § 40; Ga. L. 1998, p. 295, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Voters in rerun election.

- When a rerun of an election is ordered by a judge of the superior court as a result of the sustaining of an election contest, the rerun election should be limited to those voters who were qualified to vote in the original election. 1985 Op. Att'y Gen. No. 85-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 428.

- 29 C.J.S., Elections, § 542 et seq.

- Constitutionality, construction, and application of statute which declares a defeated candidate for nomination ineligible as a candidate at general election, or prohibits printing his name on official ballot, 143 A.L.R. 603.

Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A.L.R. 677.