2025 Code of Georgia
Title 21 - Elections (Chs. 1 — 5)
Chapter 2 - Elections and Primaries Generally (Arts. 1 — 15)
Article 4 - Selection and Qualification of Candidates and Presidential Electors (Pts. 1 — 4)

Annotations

JUDICIAL DECISIONS

Editor’s notes.

In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 34-19 are included in the annotations for this article.

Nomination by primary or by petition not unconstitutional. —

Georgia has not violated the equal protection clause of the Fourteenth Amendment by making available two alternative paths for nomination of candidates, neither of which can be assumed to be inherently more burdensome than the other. Jenness v. Fortson, 403 U. S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554, 1971 U. S. LEXIS 24 (1971).

Right to endorse candidates generally. —

Any political organization, however new or however small, is free to endorse any otherwise eligible person as its candidate for whatever elective public office it chooses. McCrary v. Poythress, 638 F.2d 1308, 1981 U. S. App. LEXIS 19337 (5th Cir.), cert. denied, 454 U. S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165, 1981 U. S. LEXIS 3671 (1981).

Election void when conducted with complete disregard for law. —

While failure to observe some of the requirements of the provisions of this former article might be mere irregularities not rendering the election void, when the election is conducted with an absolute and complete disregard for the law contained in that article, the election is void. Williams v. Cox, 214 Ga. 354, 104 S. E.2d 899, 1958 Ga. LEXIS 423 (1958) (decided under former Code 1933, Ch. 34-19).

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes.

In light of the similarity of the provisions, opinions under former statutory Code 1933, Ch. 34-10 are included in the annotations for this article.

Offices of Savannah city court and municipal court judge are county offices.

1970 Op. Att'y Gen. No. 70-124.

If special election fails, offices of justice of peace and constable are filled by election

rather than appointment. 1969 Op. Att'y Gen. No. 69-59 (decided under former Code 1933, Ch. 34-10).

Research References & Practice Aids

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