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Georgia Statutes, Title 21

Georgia/Statutes

← All Georgia coverage

Title 21

4 chapters · 430 sections in this title.

All chapters in Title 21430 Ch 2, ELECTIONS AND PRIMARIES GENERALLY365 Ch 5, GOVERNMENT TRANSPARENCY AND CAMPAIGN…42 Ch 4, RECALL OF PUBLIC OFFICERS21 Ch 1, CONGRESSIONAL DISTRICTS2

430 sections·Filtered byTitle 21✕

O.C.G.A. § 21-2-604 Criminal solicitation to commit election fraud; penalties
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(a)(1) A person commits the offense of criminal solicitation to commit election fraud in the ﬁrst degree when, with intent that another person engage in conduct constituting a felony under this article, he or she solicits, requests, commands, importunes, or otherwise attempts to …
O.C.G.A. § 21-2-108 Who may request, §21-2-106
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Persons to remain outside enclosed space during voting, §21-2-413. Persons with disabilities. Absentee ballots. Assistance to disabled elector in preparing, §21-2-385. INDEX ELECTIONS —Cont’d Persons with disabilities —Cont’d Absentee ballots —Cont’d Preferential treatment for ol…
O.C.G.A. § 21-2-140 Article 4 Selection and Qualiﬁcation of Candidates and Presidential Electors Fixing and publishing of qualiﬁcation fees; manner of payment; distribution of fees paid
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Filing notice of candidacy, nomination petition, and afﬁdavit; payment of qualifying fee; pauper’s affidavit and qualifying petition for exemption from qualifying fee; military service. Certiﬁcation of presidential electors for independent candidate for President or Vice Presiden…
O.C.G.A. § 21-2-158 PART 4 Qualiﬁcation of candidates for party nomination in a state or county primary; posting of list of all qualiﬁed candidates; ﬁling of affidavit with political party by each qualifying candidate; p

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Qualiﬁcation of candidates for party nomination in a municipal primary; unopposed candidates; ﬁling of affidavit with political party; posting of list of all qualiﬁed candidates. Certiﬁcation of political party candidates. Reopening of qualiﬁcation for office in event of candidat…

O.C.G.A. § 21-2-17 Compensation of presidential electors; payment of expenses of electoral college

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Computation of time as to exercise of privilege or discharge of duty under chapter. Applicability of chapter. Construction of chapter. Designation of candidate’s chief deputy clerk in elections for clerk of state court of certain counties. Payment for costs of elections; no solic…

O.C.G.A. § 21-2-234 Any additional identifying information as may be collected and maintained must also be made available for inspection and copying and a reasonable fee may be charged for expenses incurred for copies fu

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1984 Op. Att’y Gen. No. 84-39. Inmate records. — O.C.G.A. § 50-18-70 does not mandate that inmate records are to be open for public inspection since Department of Offender Rehabilitation (now Department of Corrections) rules and regulations, which have the force and effect of law…

O.C.G.A. § 21-2-290 ELECTIONS & PRIMARIES Requirement as to conduct of primaries and elections by ballot; requirement as to use of official ballots only

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Voting by paper ballot when use of voting equipment impossible or impracticable. [Reserved] Voting by paper ballot when use of vote recorders impossible or impracticable. Printing and safekeeping of ballots and labels by superintendent. Form of official primary ballot; attestatio…

O.C.G.A. § 21-2-333 ELECTIONS use of paper ballots; minimum number; different types; requirements as to working order and capacity

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Examination and approval of voting machines by Secretary of State; appointment and compensation of examiners; revocation of approval; written veriﬁcation and certiﬁcation prior to election or primary; penalties; conﬂicts of interest. Form of ballot labels generally. Candidates wi…

O.C.G.A. § 21-2-379.26 Storage of equipment

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21-2-385. 21-2-385.1. 21-2-386. 15 “Absentee elector” deﬁned; when reason for absentee ballot not required. Appointment of absentee ballot clerk. Making of application for absentee ballot; determination of eligibility by ballot clerk; furnishing of applications to colleges and un…

O.C.G.A. § 21-2-403 Duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies; preparation and distribution of sample or facsimile ballot labels

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Delivery of forms and supplies to precincts; distribution of copy of certiﬁed electors list; contents of list; authentication; return receipts; master list of county or municipal electors; items to be provided at polling place. Voter’s certiﬁcates; preparation, forms, and procedu…

O.C.G.A. § 21-2-430 Opening of ballot boxes; destruction of irrelevant materials; locking of ballot box; public breaking of seals; instruction cards and notices of penalties

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Execution of voter’s certiﬁcate; procedure upon qualiﬁcation of elector; elector unable to sign name; voting outside precinct of residence; registration as prerequisite to voting. Voter’s certiﬁcate binder as official list of electors; preservation and disposition of refused appl…

O.C.G.A. § 21-2-486 Caption for ballots; party designations; form and arrangement

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Design, size, and stock of ballots. Absentee ballots for precincts using optical scanning voting equipment. Counting of ballots; public accessibility to tabulating center and precincts; execution of ballot recap forms; procedure for torn, bent, or otherwise defective ballots; pre…

O.C.G.A. § 21-2-527.1 CONFIDENTIALITY OF INFORMATION

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Voter registration. Addresses of those with protective orders or for residents of family violence shelters, §21-2-225.1. Original application, §21-2-225. CLUBS. Campaign contributions generally, §§21-5-30 to 21-5-36. CONFLICTS OF INTEREST. Elections. Electronic balloting. Electro…

O.C.G.A. § 21-2-546 Conduct of special primaries and special elections generally

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Holding of special primary or special election at time of general primary or general election. Terms for all municipal ofﬁces elected at general municipal elections. Providing by local law for terms of office. Special primary and special election for United States senator vacancy…

O.C.G.A. § 21-2-578 ELECTIONS Improper signing or alteration of nomination petitions or affidavits

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Willful destruction, fraudulent ﬁling, or suppression of nomination materials. 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. Interference with primaries and el…

O.C.G.A. § 21-2-597 ELECTIONS & PRIMARIES Sec

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Poll officers permitting unlawful assistance to voters. Failure of poll officers to keep record of assisted voters. Failure of law enforcement officers to remove obstacles or to maintain order at polling places; hindrance or delay of poll officers by law enforcement officers. Off…

O.C.G.A. § 21-2-97 PART 3 SUPERINTENDENTS 21-2-70

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21-2-70.1. 21-2-71. uitable distribution of donations. Primary and election records to be open to public. Preservation of primary and election records. Creation of board to assume duties of superintendent in counties without a board of elections and in which judge of probate cour…

O.C.G.A. § 21-4-1 Short title

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This chapter shall be known and may be cited as the “Recall Act of 1989.” History. Code 1981, § 21-4-1, enacted by Ga. L. 1989, p. 1721, § 1.

O.C.G.A. § 21-4-10 Short title

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Legislative intent. Deﬁnitions. Officers subject to recall; number of electors needed to demand recall; limitation on number of officers subject to a recall. Sponsor applications for recall petition; procedures; duties of election superintendents and Secretary of State. Review of…

O.C.G.A. § 21-4-11 Determination of legal sufficiency of recall petition; time period for ﬁling; amendments; notiﬁcation of legal sufficiency

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(a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been ﬁled with him or her; provided, however, that in cases where more than one recall petition is subject to review for veriﬁcation, the …

O.C.G.A. § 21-4-12 No recall election when officeholder resigns prior to the holding of a recall election

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If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted. History. Code 1981, § 21-4-12, enacted by Ga. L. 1989, p. 1721, § 1.

O.C.G.A. § 21-4-13 Procedures for recall election; number of votes required to effectuate recall; special election to ﬁll vacancy created

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(a) Within ten days after having received certiﬁcation of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days a…

O.C.G.A. § 21-4-14 Limitations on subsequent recall petitions following recall election

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(a) After a recall petition and election, no further recall petition shall be ﬁled against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the rec…

O.C.G.A. § 21-4-15 Manner of conducting recall elections

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The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in acco…

O.C.G.A. § 21-4-16 Campaign and ﬁnancial disclosure requirements, restrictions, and qualiﬁcations

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Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the “Ethics in Government Act,” in the same manner as candidates; and the petition chairperson shall ﬁle the reports required to be ﬁled under said chapter and shal…

O.C.G.A. § 21-4-17 Promulgation of rules and regulations by Secretary of State

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The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter. History. Code 1981, § 21-4-17, enacted by Ga. L. 1989, p. 1721, § 1.

O.C.G.A. § 21-4-18 Procedures for recall election; number of votes required to effectuate recall; special election to ﬁll vacancy created

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Limitations on subsequent recall petitions following recall election. Manner of conducting recall elections. Campaign and ﬁnancial disclosure requirements, restrictions, and qualiﬁcations. Promulgation of rules and regulations by Secretary of State. Application to court to compel…

O.C.G.A. § 21-4-19 Determination of eligibility to sign application for recall petition or petition for recall

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An elector’s eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector. History. Code 1981, § 21-4-19, enacted by Ga. L. 1989, p. 1721, …

O.C.G.A. § 21-4-2 Legislative intent

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The General Assembly ﬁnds that the electorate of the state overwhelmingly ratiﬁed an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall publi…

O.C.G.A. § 21-4-20 Giving or receiving money or other thing of value to sign petition or affidavit; compelling person to sign petition or to remove name; signing another’s name to petition; signing more than one; signin

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(a) Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor. (b) A person who, by menace or threat either directly or indirectly, induces o…

O.C.G.A. § 21-4-21 Construction of chapter

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This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws. History. Code 1981, § 21-4-21, enacted by Ga. L. 1989, p. 1721, § 1. CHAPTER …

O.C.G.A. § 21-4-3 Deﬁnitions

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As used in this chapter, the term: (1) “Elected county school board members” and “elected county school superintendents” shall be considered county officers. (2) “Elected education board members” and “elected school superintendents” of any independent school system shall be consi…

O.C.G.A. § 21-4-4 Officers subject to recall; number of electors needed to demand recall; limitation on number of officers subject to a recall

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(a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualiﬁed to vote in the recall election and who reside in the electoral district from which candidates are elected to tha…

O.C.G.A. § 21-4-5 Sponsor applications for recall petition; procedures; duties of election superintendents and Secretary of State

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(a) No application for a recall petition may be ﬁled during the ﬁrst 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector…

O.C.G.A. § 21-4-6 Review of grounds for recall petition

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(a) Within four days after the date of submission of the application for a recall petition for veriﬁcation, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may ﬁle a petition in the superior court of the county in which such officer is domicile…

O.C.G.A. § 21-4-7 Form of recall petition

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(a) The form of the recall petition shall be substantially as follows: RECALL PETITION (Official application no.) (County or city) To (Name of election superintendent) (Address) (City, state, ZIP Code) We, the electors registered to vote in the recall election herein petitioned, …

O.C.G.A. § 21-4-8 Circulation of recall petition; electors eligible to sign; procedures for collection and veriﬁcation of signatures

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(a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more th…

O.C.G.A. § 21-4-9 Withdrawal of signatures from recall application or petition

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(a) At any time prior to the date an application for recall petition or a recall petition is ﬁled for veriﬁcation, an elector who has signed the application or the recall petition form may request withdrawal of his or her signature from the application or recall petition by execu…

O.C.G.A. § 21-5-1 Short title

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This chapter shall be known as and may be cited as the “Georgia Government Transparency and Campaign Finance Act.” History. Code 1981, § 21-5-1, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 2022, p. 3, § 2/SB 120. The 2022 amendment, effective March 2, 2022, substituted “Georgia G…

O.C.G.A. § 21-5-10 Chapter as continuation of laws; effect of enactment

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The provisions of this chapter, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this chapter of any Act of the General Assembly, or part thereof, shall not revive any Act, or part thereof,…

O.C.G.A. § 21-5-11 Acceptance by public officers of monetary fees or honoraria

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(a) No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $100.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that pub…

O.C.G.A. § 21-5-12 Connected organizations

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(a) The name of each political action committee shall include the name of its connected organization. (b) The name of any separate segregated fund, as deﬁned in Code Section 21-5-40, shall include the name of its connected organization. History. Code 1981, § 21-5-12, enacted by G…

O.C.G.A. § 21-5-13 Limitation of actions

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(a) Any action alleging a violation of this chapter shall be commenced within three years after the date on which the violation, wrongful action, or omission occurred, unless otherwise provided by subsections (b) or (c) of this Code section. (b) Any action alleging a violation in…

O.C.G.A. § 21-5-14 Email address reporting requirements; exceptions

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(a) Except as provided in subsection (b) of this Code section, each individual required by this chapter to ﬁle a report or disclosure statement with the commission shall provide the commission, in writing, with a current email address and shall advise the commission, in writing, …

O.C.G.A. § 21-5-2 Declaration of policy

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It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices; state offices; district attorneys; members of the Georgia House of Representatives and G…

O.C.G.A. § 21-5-3 Deﬁnitions

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As used in this chapter, the term: (1) “Business entity” means any corporation, sole proprietorship, partnership, limited partnership, limited liability company, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or …

O.C.G.A. § 21-5-4 State Ethics Commission; membership; officers; quorum; meetings

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(a) The State Ethics Commission shall be a successor to the Georgia Government Transparency and Campaign Finance Commission, with such duties and powers as are set forth in this chapter. As the successor commission, it shall have all the powers and duties granted to the Georgia G…

O.C.G.A. § 21-5-40 Such term does not include a candidate campaign committee

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(21) “Public employee” means every person employed by the executive, legislative, or judicial branch of state government, or any department, board, bureau, agency, commission, or authority thereof. (22) “Public officer” means: (A) The Governor, Lieutenant Governor, Secretary of S…

O.C.G.A. § 21-5-5 Operating expenses

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The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the commission and from any other available funds. The commission shall be a budget unit as deﬁned in Part 1 of Article 4 of Chapter 12 of Title 45, the “Budget Act”; provided…

O.C.G.A. § 21-5-6 Powers and duties of the commission

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(a) The commission is vested with the following powers: (1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, a…