2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 5 - Presidential Preference Primary
§ 21-2-195. Procedures by Which Delegates and Alternates to National Nominating Conventions Selected

Universal Citation: GA Code § 21-2-195 (2021)

The state executive committee of each political party or body shall determine the method and procedures by which delegates and delegate alternates to the national nominating conventions are to be selected as well as adopt any other rule not inconsistent with this article. The state executive committee of the political party or body shall establish, at least 90 days prior to the presidential preference primary, procedures to be followed in the nomination of candidates for delegates and delegate alternates to the nominating convention of the political party or body. A copy of any rule or regulation adopted by the state executive committee shall be sent to the Secretary of State within seven days after its adoption, to become a public record.

(Code 1933, § 34-1005A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1975, p. 1223, § 2; Ga. L. 1979, p. 1316, § 1.)

Law reviews.

- For note, "Selecting and Certifying National Political Convention Delegates - A Party or a State Right?," see 4 Ga. L. Rev. 875 (1970).


Preservation of party autonomy.

- The federal district court reads O.C.G.A. § 21-2-191 (only those parties which have cast greater than twenty percent of the votes in the last presidential election may participate in the presidential preference primary) and O.C.G.A. § 21-2-195 (parties are free to set out the rules by which delegates are bound) alongside O.C.G.A. § 21-2-193 (ballot decision-making) as a distinct attempt at preserving party autonomy in the nomination process. Duke v. Cleland, 783 F. Supp. 600 (N.D. Ga. 1992), aff'd, 954 F.2d 1526 (11th Cir. 1992).

Cited in O'Keefe v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976); Belluso v. Poythress, 485 F. Supp. 904 (N.D. Ga. 1980); Duke v. Cleland, 954 F.2d 1526 (11th Cir. 1992).

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