2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 4 - Selection and Qualification of Candidates and Presidential Electors
Part 1 - General Provisions
§ 21-2-133. Giving Notice of Intent of Write-in Candidacy; Filing of Affidavit; Limitations on Candidacy; Certification of Candidates

1. No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the qualifying period for nonpartisan elections in the case of nonpartisan elections for state or county offices; no later than seven days after the close of the municipal qualifying period for municipal elections in the case of a general election; or no later than seven days after the close of the special election qualifying period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
   1. In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state;
   2. In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or
   3. In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election.

      In the event that such intention of candidacy is filed and published by a person or group of persons other than the candidate, such person or group of persons shall also file a written, notarized authorization by the candidate for such filing and publication.

2. In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1), (2), or (3) of subsection (a) of this Code section, a copy of the notice as published with an affidavit stating that the notice has been published and including the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher.
3. No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff.
4. No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary.
5. 1. The Secretary of State shall certify and transmit to the election superintendent of each county affected within five days following the deadline for the submission by write-in candidates of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State for such general or special election.
   2. The county election superintendent shall certify within five days following the deadline for the submission by write-in candidates for county offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the county election superintendent for county offices for such general or special election.
   3. The municipal election superintendent shall certify within five days following the deadline for the submission by write-in candidates for municipal offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the municipal election superintendent for municipal offices for such general or special election.

(Code 1933, § 34-1017, enacted by Ga. L. 1978, p. 1004, § 17; Ga. L. 1979, p. 963, § 1; Ga. L. 1987, p. 417, § 1; Ga. L. 1987, p. 1360, § 6; Ga. L. 1989, p. 682, § 1; Ga. L. 1997, p. 590, § 9; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 6; Ga. L. 2001, p. 230, § 5; Ga. L. 2001, p. 269, § 6; Ga. L. 2001, Ex. Sess., p. 325, § 3; Ga. L. 2002, p. 437, § 1; Ga. L. 2005, p. 253, § 15/HB 244; Ga. L. 2011, p. 678, § 2/HB 158; Ga. L. 2012, p. 995, § 6/SB 92; Ga. L. 2017, p. 697, § 4/HB 268.)

The 2017 amendment, effective July 1, 2017, added the ending undesignated paragraph of subsection (a).

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

Write-in votes in precincts using optical scanning voting equipment, § 21-2-486.

- Owing to the duplication in subsection designations in the 1987 amendments, the subsection (b) added by Ga. L. 1987, p. 1360 was unofficially redesignated as subsection (d).

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).

Construction with O.C.G.A. § 21-2-494. - 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).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-910 are included in the annotations for this Code section.

Nominating petition is necessary only if the municipality's charter or ordinance so requires it, and it must be in the form prescribed by the law. 1971 Op. Att'y Gen. No. 71-185 (decided under former Code 1933, § 34A-910).

- The appropriate official to declare a write-in candidate for county office ineligible who has received a majority of votes cast in the election but did not publish notice of intention of candidacy at least 20 days prior to the election is the superintendent of elections of the county. 1984 Op. Att'y Gen. No. 84-84.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 232, 255, 295 et seq.

- Elections: validity of state or local legislative ban on write-in votes, 69 A.L.R.4th 948.