2025 Code of Georgia
Title 21 - Elections (Chs. 1 — 5)
Chapter 2 - Elections and Primaries Generally (Arts. 1 — 15)
Article 13 - Contested Elections and Primaries (§§ 21-2-520 — 21-2-529)

Annotations

JUDICIAL DECISIONS

Georgia Election Code provides liberal rules for the contesting of elections and strict penalties for violations. Hollifield v. Vickers, 118 Ga. App. 229, 162 S. E.2d 905, 1968 Ga. App. LEXIS 1361 (1968).

The courts of this state have jurisdiction of a proceeding brought under the provisions of the Georgia Election Code to obtain a recount of all or a portion of the ballots cast in an election for a representative to either house in the Congress. Blackburn v. Hall, 115 Ga. App. 235, 154 S. E.2d 392, 1967 Ga. App. LEXIS 1074 (1967).

To cast doubt on an election it is only necessary to show: (1) electors voted in the particular contest being challenged; and (2) a sufficient number of them were not qualified to vote so as to cast doubt on the election. Taggart v. Phillips, 242 Ga. 454, 249 S. E.2d 245, 1978 Ga. LEXIS 1249 (1978).

A challenge to primary election results by an unsuccessful candidate was moot and subject to dismissal where the candidate did not seek to advance case so that the candidate’s challenge was docketed and considered before the general election. Payne v. Chatman, 267 Ga. 873, 485 S. E.2d 723; Caplan v. Hattaway, 269 Ga. 582, 501 S. E.2d 195.

Research References & Practice Aids

For note, “Georgia Election Contest Procedures,” see 22 Ga. St. B. J. 44 (1985).

Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A. L. R. 677.

Admissibility of parol evidence of election officials to impeach election returns, 46 A. L. R.2d 1385.

O. C. G. A. Title 21

O. C. G. A. Title 21, Ch. 2