2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 4 - Selection and Qualification of Candidates and Presidential Electors
Part 2 - Political Party and Nonpartisan Primaries
§ 21-2-155. Reopening of Qualification for Office in Event of Candidate's Death or Withdrawal of Incumbent Who Qualified as Candidate Prior to Political Party Primary
In the event of the death of a candidate or the withdrawal of an incumbent who qualified as a candidate to succeed himself or herself in office, either of which occurs after the close of qualifying for candidates for such office but prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification for the office sought by the deceased or withdrawn candidate for a period of not less than one nor more than three days.
(Code 1933, § 34-1007, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1983, p. 1190, § 10; Ga. L. 1985, p. 1430, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 13; Ga. L. 2012, p. 995, § 11/SB 92.)
Editor's notes.- Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Law reviews.- For note on the 2001 amendment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY GENERAL
Qualifications not reopened after withdrawal of candidate.
- If a qualified candidate withdraws from a primary to accept another appointment after the qualifying deadline, but before the primary is held, the party may not reopen qualifications for candidates in such primary. 1970 Op. Att'y Gen. No. U70-140.
Reopening where other candidates remain in contention.- Upon the death of a candidate prior to the date of a political primary, the state executive committee or other authorized committee of a party may reopen qualification for a period of not less than one nor more than three days, even though there may be other candidates remaining in contention for the office. 1990 Op. Att'y Gen. No. U90-13.
