Title 21 — Elections
5 chapters · 451 sections in this title.
O.C.G.A. § 21-2-495 Procedure for recount or recanvass of votes; losing candidate’s right to a recount; rules and regulations
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(a) In precincts where paper ballots or scanning ballots have been used, the superintendent may, either of his or her own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offic…
O.C.G.A. § 21-2-496 Preparation and filing by superintendent of four copies of consolidated return of primary; electronic filing; superintendent to furnish final copy of each ballot used for primary
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(a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the primary to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:(1)…
O.C.G.A. § 21-2-497 Preparation and filing by superintendent of four copies of consolidated return of elections; superintendent to furnish final copy of each ballot used for election
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(a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:(1…
O.C.G.A. § 21-2-498 Precertification tabulation audits; risk-limiting audits
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(a) As used in this Code section, the term:(1) “Incorrect outcome” means the winner of a contest or the answer to a proposed constitutional amendment or question would be different from the results found in a manual recount of paper official ballots.(2) “Risk limit” means the lar…
O.C.G.A. § 21-2-498.1 Pilot program to audit paper ballots using optical character recognition
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The Secretary of State shall create a pilot program for the auditing of paper ballot images using optical character recognition technology or other related technology which shall verify the human-readable text portion of the ballot. Such auditing program shall not be based on or …
O.C.G.A. § 21-2-499 Duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers; certification of presidential electors by Governor
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(a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (a)(4)(A) of Code Section 21-2-497 and upon al…
O.C.G.A. § 21-2-500 Delivery of voting materials; presentation to grand jury in certain cases; preservation and destruction; destruction of unused ballots
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(a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the cou…
O.C.G.A. § 21-2-501 Number of votes required for election; runoff
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(a) (1) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election or shall take or be sworn into such elected public office unless such can…
O.C.G.A. § 21-2-501.1 [Repealed] Timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years
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O.C.G.A. § 21-2-501.1Current through Act 375 of the 2026 Regular Session of the General Assembly but not including corrections and changes made by the Office of Legislative Counsel.HistoryCode 1981, § 21-2-501.1, enacted by Ga. L. 1998, p. 295, § 1; repealed by Ga. L. 2012, p. 99…
O.C.G.A. § 21-2-502 Issuance of certificates of election and commission; Governor’s proclamation as to constitutional amendments
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(a) Governor and other constitutional officers. Upon completing the tabulation of any election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, t…
O.C.G.A. § 21-2-503 Issuance of commission to person whose election is contested; procedure upon finding that person to whom commission was issued was not legally elected; swearing into office of person whose election is contested
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(a) A commission which is to be issued, as provided for by this chapter, to any person elected to any office shall be issued notwithstanding the fact that the election of such person to any such office may be contested in the manner provided by this chapter. Whenever it shall app…
O.C.G.A. § 21-2-504 Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officer-elect to qualify
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(a) Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected t…
O.C.G.A. § 21-2-520 Definitions
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(1) As used in this article, the term:(1) “Contestant” means any person or persons entitled under Code Section 21-2-521 to contest the result of any primary or election.(2) “Defendant” means:(A) The person whose nomination or election is contested;(B) The person or persons whose …
O.C.G.A. § 21-2-521 Primaries and elections which are subject to contest; persons who may bring contest
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The nomination of any person who is declared nominated at a primary as a candidate for any federal, state, county, or municipal office; the election of any person who is declared elected to any such office (except when otherwise prescribed by the federal Constitution or the Const…
O.C.G.A. § 21-2-522 Grounds for contest
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(1) A result of a primary or election may be contested on one or more of the following grounds:(1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;(2) When the defendant is ineligible for the no…
O.C.G.A. § 21-2-522.1 Rebuttable presumption of legal vote in contested election
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Notwithstanding any other provisions of this chapter, for the purposes of election contests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter …
O.C.G.A. § 21-2-523 Jurisdiction and pretrial procedures; notification; selection and compensation of judge
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(a) A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides, except that a municipal contest case shall be tried and determined by the superior court of the county where the city hall is located. A cont…
O.C.G.A. § 21-2-524 Filing of petition to contest primary or election; procedures for service, notice, answer, and amendment
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(a) A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the official consolidation of the returns of that particular office or question and certification thereof by th…
O.C.G.A. § 21-2-525 Hearing; powers of court generally
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(a) Within 20 days after the return day fixed in the notice as provided in subsection (a) of Code Section 21-2-524 to the defendant, the presiding judge shall fix a place and time for the hearing of the contest proceeding. Such judge may fix additional hearings at such other time…
O.C.G.A. § 21-2-526 Trial by jury
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(a) All issues of a contest shall be fully tried and determined by the court without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case; and the court shall determine that it is an issue whic…
O.C.G.A. § 21-2-527 Pronouncement of judgment; effect of finding of misconduct by poll officers; calling of second primary, election, or runoff by court upon finding of defects
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(a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that qualified candidate who received the requisite number of votes and shall pronounce judgment accordingly; a…
O.C.G.A. § 21-2-527.1 Right of parties to object to settlement; court approval
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(1) No settlement of any case under this article shall become effective unless:(1) All parties to such case have been given an opportunity to object to such settlement before the court; and(2) The court has approved such settlement. (1) All parties to such case have been given an…
O.C.G.A. § 21-2-528 Appeals from court’s determination on contest petition
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An appeal from the final determination of the court may be taken within ten days from the rendition thereof as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the appellate court for a stay or supersedeas, …
O.C.G.A. § 21-2-529 Liability for costs; methods of collecting
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The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election is confirmed, the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for …
O.C.G.A. § 21-2-540 Conduct and timing of special primaries and special elections generally
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(a) (1) Every special primary and special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general primaries and general elections; and the provisions of this chapter relating to general primaries and general elect…
O.C.G.A. § 21-2-541 Holding of special primary or special election at time of general primary or general election
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(a) A special primary or election may be held at the time of a general primary or election. (b) If the times specified for the closing of the registration list for a special primary or special election are the same as those for a general primary or general election, the candidate…
O.C.G.A. § 21-2-541.1 Terms for all municipal offices elected at general municipal elections
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All municipal offices elected at general municipal elections shall be for terms of four years unless otherwise provided by local law in accordance with Code Section 21-2-541.2. Unless otherwise provided for by the municipal charter, municipal officeholders shall be sworn in at th…
O.C.G.A. § 21-2-541.2 Providing by local law for terms of office
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(1) Notwithstanding Code Section 1-3-11 or any other provision of this chapter, the General Assembly is authorized to provide by local law:(1) For terms of two years for municipal offices, with the local law designating the offices to be elected and the time periods covered by su…
O.C.G.A. § 21-2-542 Special primary and special election for United States senator vacancy; temporary appointment by Governor
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Whenever a vacancy shall occur in the representation of this state in the Senate of the United States, such vacancy shall be filled for the unexpired term by the vote of the electors of the state at a special primary to be held at the time of the next general primary followed by …
O.C.G.A. § 21-2-543 Special election for United States congressional representative vacancy
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Whenever a vacancy shall occur or exist in the office of Representative in the United States Congress from this state the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such v…
O.C.G.A. § 21-2-543.1 Procedures for filling vacancies in federal House of Representatives
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In extraordinary circumstances, where the Speaker of the House of Representatives in the United States Congress announces that there are more than 100 vacancies in the federal House of Representatives, the Governor shall issue, within five days after the speaker announces that su…
O.C.G.A. § 21-2-544 Special election for General Assembly vacancy
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(1) Whenever a vacancy shall occur or exist in either house of the General Assembly, such vacancy shall be filled as follows:(1) If such vacancy shall occur during a session of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a…
O.C.G.A. § 21-2-545 Procedure as to unopposed candidates
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Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held in such precinct. The proper officials of the unopposed candidate’s political party shall certify him or her…
O.C.G.A. § 21-2-546 Filling chief judge vacancies in civil and magistrate courts
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Notwithstanding any other law to the contrary, in each county in this state in which there is a civil and magistrate court established by local Act of the General Assembly, vacancies in the office of chief judge of such court caused by death, retirement, resignation, or otherwise…
O.C.G.A. § 21-2-560 Making of false statements generally
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Except as otherwise provided in Code Section 21-2-565, any person who shall make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined, or acted upon by any public official, in accordance w…
O.C.G.A. § 21-2-561 False registration; unlawful disclosure of voter registration information
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(1) Any person who:(1) Registers as an elector knowing that such elector does not possess the qualifications required by law;(2) Registers as an elector under any other name than the elector’s own name;(3) Knowingly gives false information when registering as an elector; or(4) Di…
O.C.G.A. § 21-2-562 Fraudulent entries; unlawful alteration or destruction of entries; unlawful removal of documents; neglect or refusal to deliver documents
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(a) Any person who willfully:(1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter’s certificate, affidavit, tally paper, general or duplicate return sheet, statemen…
O.C.G.A. § 21-2-563 Improper signing or alteration of nomination petitions or affidavits
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(1) Any person who knowingly and willfully:(1) Signs any nomination petition without having the qualifications prescribed by this chapter;(2) Sets any false statement opposite the signature on a nomination petition;(3) Signs more nomination petitions than permitted by this chapte…
O.C.G.A. § 21-2-564 Willful destruction, fraudulent filing, or suppression of nomination materials
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Any person who willfully makes any false nomination certificate or defaces or destroys any nomination petition, nomination certificate, or nomination paper, or letter of withdrawal, knowing the same, or any part thereof, to be made falsely, or suppresses any nomination petition, …
O.C.G.A. § 21-2-565 Making of false statements in connection with filing notice of candidacy or qualifying as candidate for party nomination; duties of district attorney as to violations
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(a) Any person knowingly making any false statement in connection with filing a notice of candidacy under Code Section 21-2-132 or in connection with qualifying as a candidate for party nomination under Code Section 21-2-153 commits the offense of false swearing. (b) The district…
O.C.G.A. § 21-2-566 Interference with primaries and elections generally
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(1) Any person who:(1) Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter;(2) Uses or threatens violence in a manner that would prevent a reasonable poll officer, election official, or poll watcher or actually preven…
O.C.G.A. § 21-2-567 Intimidation of electors
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(a) Any person who uses or threatens to use force and violence, or acts in any other manner to intimidate any other person, to:(1) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitt…
O.C.G.A. § 21-2-568 Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector’s vote; influencing voter while assisting
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(a) Any person who knowingly:(1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or registers the vote for another, except in strict accordance with this chapter;(2) Interferes with any elector marking his or her ballot or regi…
O.C.G.A. § 21-2-568.1 Intentional observation of voting
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(a) Except while providing authorized assistance in voting under Code Section 21-2-409 and except for children authorized to be in the enclosed space under subsection (f) of Code Section 21-2-413, no person shall intentionally observe an elector while casting a ballot in a manner…
O.C.G.A. § 21-2-568.2 Photographic and other electronic monitoring of ballots prohibited
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(a) It shall be illegal for any person to use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones, except as authorized by law, to:(1) Photograph or record the face of an electronic ballot marker while a ballot is being voted or while…
O.C.G.A. § 21-2-569 Interfering with poll officers
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Any person, including any poll officer, who willfully prevents any poll officer from performing the duties imposed on him or her by this chapter shall be guilty of a felony.
O.C.G.A. § 21-2-570 Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate
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Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony.
O.C.G.A. § 21-2-571 Voting by unqualified elector or giving false information
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Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-2-2…
O.C.G.A. § 21-2-572 Repeat voting in same primary or election
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Any person who votes in more than one precinct in the same primary or election or otherwise fraudulently votes more than once at the same primary or election shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor mor…
O.C.G.A. § 21-2-573 Absentee voting by unqualified elector
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Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter who knows that he or she is not qualified to vote shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than…