2025 Code of Georgia
Title 21 - Elections (Chs. 1 — 5)
Chapter 2 - Elections and Primaries Generally (Arts. 1 — 15)
Article 11 - Preparation for and Conduct of Primaries and Elections (Pts. 1 — 5)
Annotations
JUDICIAL DECISIONS
Editor’s notes.In light of the similarity of the statutory provisions, annotations decided under former Code 1933, Ch. 34-32 are included in the annotations for this article.
Applicability of state statutes on party primary. —Whenever a political party holds a primary in this state, it is by law an integral part of the election machinery. Once a decision to hold a primary is made, state statutes take hold and direct every essential step from registration and qualification of voters to the placing of the names of the nominees on the general election ballot. King v. Chapman, 62 F. Supp. 639, 1945 U. S. Dist. LEXIS 1841 (D. Ga. 1945), aff'd, 154 F.2d 460, 1946 U. S. App. LEXIS 2069 (5th Cir. 1946) (decided under former Code 1933, Ch. 34-32).
It is still the general law of this state that every such primary election shall be held at the time and place and under the regulations prescribed by the rules of the political party holding the primary, and the return shall be made and the result declared as prescribed by law. Studstill v. Gary, 216 Ga. 268, 116 S. E.2d 213, 1960 Ga. LEXIS 442 (1960) (decided under former Code 1933, Ch. 34-32).
Opinion Notes
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes.In light of the similarity of the statutory provisions, opinions decided under former Ga. L. 1960, p. 115, § 1, are included in the annotations for this article.
County primary solely for nominating House candidate legal. —It is legal for a county executive committee to hold a county primary solely for the purpose of nominating a candidate for membership in the House of Representatives, irrespective of the fact that no candidate for county office is to be nominated in the primary. 1962 Ga. Op. Att'y Gen. 214 (decided under Ga. L. 1960, p. 115, § 1).
Research References & Practice Aids
Cross references.Penalties for offenses relating to access of electors to polling places, or marking of ballots, § 21-2-566 et seq.
Law reviews.For article, “SB 202: Revisions to Georgia’s Election and Voting Procedures,” see 38 Ga. St. U. L. Rev. 105 (2021).
Hierarchy Notes:O. C. G. A. Title 21
O. C. G. A. Title 21, Ch. 2
- Part 1 - General Provisions (§§ 21-2-400 — 21-2-421)
- Part 2 - Precincts Using Paper Ballots (§§ 21-2-430 — 21-2-440)
- Part 3 - Precincts Using Voting Machines (§§ 21-2-450 — 21-2-457)
- Part 4 - Precincts Using Vote Recorders (§§ 21-2-470 — 21-2-473)
- Part 5 - Precincts Using Optical Scanning Voting Equipment (§§ 21-2-480 — 21-2-486)
