2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 2 - Supervisory Boards and Officers
Part 1 - State Election Board, County Board of Elections, and County Board of Elections and Registration
Subpart 2 - County Board of Elections and County Board of Elections and Registration
§ 21-2-40. General Assembly Authorized to Create Board of Elections and Board of Elections and Registration in Any County

1. The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members.
2. The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members.

(Code 1981, §21-2-40, enacted by Ga. L. 1982, p. 1292, § 2; Ga. L. 1983, p. 140, § 1; Ga. L. 1990, p. 243, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 261, § 1/SB 456; Ga. L. 2012, p. 995, § 2/SB 92.)

- For survey article on local government law, see 34 Mercer L. Rev. 225 (1982).

County residents' challenge to a school board candidate's residency qualification under O.C.G.A. § 45-2-1(1) and Ga. Const. 1983, Art. VIII, Sec. V, Para. II, was barred by res judicata because another challenger had raised the same challenge, and the challenge had been resolved against the challenger by the county's board of elections. Lilly v. Heard, 295 Ga. 399, 761 S.E.2d 46 (2014).

OPINIONS OF THE ATTORNEY GENERAL

Precedence of local law in selection of board members.

- Local act creating a county board of elections and registration does not conflict with O.C.G.A. § 21-2-211 and it is appropriate to determine by local act the method of selecting the members of the board of elections and registration. 1986 Op. Att'y Gen. No. U86-38.

- No federal law or regulation requires a board of elections or board of registrars to be nonpartisan or to provide for equal representation of political parties. 1986 Op. Att'y Gen. No. U86-38.

- O.C.G.A. § 21-2-76 does not prohibit persons who hold office in political parties from serving as members of county boards of elections or boards of elections and registration. 1996 Op. Att'y Gen. No. 96-18.

Petitions in Murray County under the home rule provisions of the constitution should be filed with the judge of the probate court, rather than with the board of elections. 1988 Op. Att'y Gen. No. U88-15.