Title 21 — Elections
5 chapters · 451 sections in this title.
O.C.G.A. § 21-2-72 Primary and election records to be open to public
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Except when otherwise provided by law or court order, the primary and election records of each superintendent, registrar, municipal governing authority, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, …
O.C.G.A. § 21-2-73 Preservation of primary and election records
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All primary and election documents on file in the office of the election superintendent of each county, municipal governing authority, superintendent, registrar, committee of a political party or body, or other officer shall be preserved therein for a period of at least 24 months…
O.C.G.A. § 21-2-74 [Reserved] Creation of board to assume duties of superintendent in counties without a board of elections and in which judge of probate court is candidate for public office
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O.C.G.A. § 21-2-74Current 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 1933, § 34-405, enacted by Ga. L. 1970, p. 347, § 8; Ga. L. 1971, p. 602, § 5; Ga. L. 1993…
O.C.G.A. § 21-2-74.1 [Repealed] Acting election superintendent during vacancy
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O.C.G.A. § 21-2-74.1Current 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, § 21-2-74.1, enacted by Ga. L. 2021, p. 14, § 10/SB 202; repealed by Ga. L. 2024, …
O.C.G.A. § 21-2-75 Eligibility of persons holding elective public office, or office in political party, to serve on county board of elections
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(a) No person who holds elective public office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state, shall be eligible to serve as a member of a county board of elections during the…
O.C.G.A. § 21-2-76 Eligibility of person to serve as county election superintendent
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No person who holds elective office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state, shall be eligible to serve as county or municipal election superintendent during the term o…
O.C.G.A. § 21-2-77 Electronic election returns
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(a) Beginning with the election cycle in the year 2000, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 days after the close of voting, election returns divided by precinct for each precinct in their respective coun…
O.C.G.A. § 21-2-78 Eligibility of person to undertake any election related duties
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Any person employed or retained by a county election superintendent to undertake any election related duties arising from this chapter shall be a citizen of the United States.
O.C.G.A. § 21-2-90 Appointment of chief manager and assistant managers
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All elections and primaries shall be conducted in each polling place by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each polling place shall be appointed by the superintendent. If th…
O.C.G.A. § 21-2-91 Appointment of clerks
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Prior to the opening of the polls in each precinct at each primary and election, the superintendent shall appoint a sufficient number of clerks to serve therein at such primary or election. If additional clerks are required during the day for the purpose of counting ballots, or f…
O.C.G.A. § 21-2-92 Qualifications of poll officers; service during municipal election or primary; Student Teen Election Participant (STEP) program
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(a) (1) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright citizens of the United States, residents of or otherwise employed by the county in which they are appointed except as otherwise provided in paragraph (2) of …
O.C.G.A. § 21-2-93 Oath of office for managers and clerks
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Before entering upon their duties at any primary or election, all managers and clerks shall be duly sworn in the presence of each other. The chief manager shall first be sworn by an assistant manager, and the assistant managers and clerks shall then be sworn by the chief manager.…
O.C.G.A. § 21-2-94 Form of manager’s oath
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The following shall be the form of the oath to be taken by each manager:“I, , do swear (or affirm) that I will as manager duly attend the ensuing election (or primary) during the continuance thereof, that I will not admit any person to vote, except such as I shall firmly believe …
O.C.G.A. § 21-2-95 Form of clerk’s oath
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The following shall be the form of the oath to be taken by each clerk:“I, , do swear (or affirm) that I will as a clerk attend the ensuing election (or primary) during the continuance thereof, that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying on…
O.C.G.A. § 21-2-96 Administration of oaths by managers
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Each of the managers shall have the power to administer oaths to any person claiming the right to vote or in any matter or thing required to be done or inquired into by them under this chapter.
O.C.G.A. § 21-2-97 Identification badges for poll officers
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Each poll officer, while in the performance of his or her duty, shall display conspicuously upon his or her person a badge showing his or her name and office; and such badge shall be supplied by the superintendent.
O.C.G.A. § 21-2-98 Compensation of poll officers
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(a) The compensation of managers and clerks serving in elections shall be fixed and paid by the superintendent or, in the case of municipal elections, by the governing authority. Compensation for such poll officers serving in a primary shall be fixed and paid by the superintenden…
O.C.G.A. § 21-2-99 Instruction of poll officers and workers in election procedures
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(a) The election superintendent shall provide adequate training to all poll officers and poll workers regarding the use of voting equipment, voting procedures, all aspects of state and federal law applicable to conducting elections, and the poll officers’ or poll workers’ duties …
O.C.G.A. § 21-2-110 Filing of registration statements by political parties or bodies; amendments; filing fees; failure to file
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(a) The chief executive officer of each political party or body operating in this state shall, within 60 days after the date of its organization or after June 24, 1964, whichever is later, file with the Secretary of State a registration statement setting forth:(1) Its name and th…
O.C.G.A. § 21-2-111 Establishment of state and county executive committees; membership and officers; duties; applicability of chapter to persons seeking party office in a primary
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(a) Each political party shall establish and maintain a state executive committee exercising state-wide jurisdiction and control over party affairs and a county executive committee in each county in which it holds a primary, exercising county-wide jurisdiction and control over pa…
O.C.G.A. § 21-2-112 Hearings before state committee; suspension of powers and duties of county committee; delegation of powers by state committee
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(a) When the state executive committee of a political party has reason to believe that the orders, rules, or regulations of the state executive committee, relating to all party matters except the conduct of primaries, are not being, or will not be, fairly, impartially, or properl…
O.C.G.A. § 21-2-113 Chief executive and county executive committees
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(a) Each political body shall establish and maintain a chief executive committee exercising jurisdiction and control over body affairs in the area of the state in which it operates and a county executive committee exercising county-wide jurisdiction and control over body affairs …
O.C.G.A. § 21-2-130 Procedures for qualification of candidates generally
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(1) Candidates may qualify for an election as follows:(1) Nomination through a political party primary;(2) Filing a notice of candidacy and affidavit and paying a qualifying fee or filing a pauper’s affidavit with a pauper’s petition in conjunction with:(A) Filing a nomination pe…
O.C.G.A. § 21-2-131 Fixing and publishing of qualification fees; manner of payment; distribution of fees paid
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(a) Qualification fees for party and public offices shall be fixed and published as follows:(1) (A) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held, an…
O.C.G.A. § 21-2-132 Filing notice of candidacy, nomination petition, and affidavit; reopening qualifying period; payment of qualifying fee; pauper’s affidavit and qualifying petition for exemption from qualifying fee
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(a) The names of nominees of political parties nominated in a primary and the names of nominees of political parties for the office of presidential elector shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.…
O.C.G.A. § 21-2-132.1 Certification of presidential electors for independent candidate for President or Vice President of the United States; qualification
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(a) An independent candidate for the office of President or Vice President of the United States shall file with the Secretary of State not later than the Friday before the opening of qualifying for such office as provided in subsection (d) of Code Section 21-2-132 a slate of cand…
O.C.G.A. § 21-2-133 Giving notice of intent of write-in candidacy; filing of affidavit; limitations on candidacy; certification of candidates
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(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state…
O.C.G.A. § 21-2-134 Withdrawal, death, or disqualification of candidate for office; return of qualifying fee; nomination certificate
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(a) (1) A candidate nominated at any primary election or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county supe…
O.C.G.A. § 21-2-135 Designation of specific office sought where office has multiple officeholders with same title
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(a) (1) In the case of a public office having multiple officeholders with the same title, each candidate, including write-in candidates, shall designate the specific office he or she is seeking, name the person such candidate is seeking to succeed, and give such other appropriate…
O.C.G.A. § 21-2-136 Restriction on number of offices for which an individual may be nominated or be a candidate at any one election
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No person shall be nominated, nor shall any person be a candidate in a primary, election, or special election, for more than one of the following public offices to be filled at any one election or special election: Governor, Lieutenant Governor, Secretary of State, Attorney Gener…
O.C.G.A. § 21-2-137 Qualifying with two political parties; qualifying as independent or political body candidate and as political party candidate
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No person shall qualify with any political party as a candidate for nomination to any public office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any public office; nor shall a state, county, or mu…
O.C.G.A. § 21-2-138 Nonpartisan elections for judicial offices
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The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent…
O.C.G.A. § 21-2-139 (For effective date, see note.) Nonpartisan elections authorized; conduct
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(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill offices of judges of probate courts, offices of local boards of education, and offices of consol…
O.C.G.A. § 21-2-140 [Repealed] Mandatory drug testing for candidates
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O.C.G.A. § 21-2-140Current 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, § 21-2-140, enacted by Ga. L. 1990, p. 2015, § 1; Ga. L. 1992, p. 1612, §§ 1-3; rep…
O.C.G.A. § 21-2-150 Date of general primary
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Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the Tuesday of the twenty-fourth week prior to the November general election in each even-numbered year or, in the c…
O.C.G.A. § 21-2-151 Conduct of political party primaries
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(a) A political party shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 21-2-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primar…
O.C.G.A. § 21-2-152 Conduct of primaries generally; run-off primary
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(a) Primaries shall be held and conducted in all respects in accordance with this chapter relating to general elections and the provisions of this chapter relating to general elections shall apply thereto, insofar as practicable and not inconsistent with any other provisions of t…
O.C.G.A. § 21-2-153 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; performance of military service does not create vacancy
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(a) A candidate for any party nomination in a state or county primary may qualify by either of the two following methods:(1) Payment of a qualifying fee pursuant to Code Section 21-2-131; or(2) (A) The submission of a pauper’s affidavit by any candidate who has filed a qualifying…
O.C.G.A. § 21-2-153.1 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
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(a) Unless otherwise provided by law, all candidates for party nomination in a municipal primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general municipal primary, the candidates, or their agents, shall qualify at least 15 bu…
O.C.G.A. § 21-2-154 Certification of political party candidates
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(a) At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms p…
O.C.G.A. § 21-2-155 Reopening of qualification for office in event of candidate’s death or withdrawal of incumbent who qualified as candidate prior to political party primary
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In the event of the death of a candidate or the withdrawal of an incumbent who qualified as a candidate to succeed himself or herself in office, either of which occurs after the close of qualifying for candidates for such office but prior to the date of a political party primary,…
O.C.G.A. § 21-2-156 Payment of primary expenses
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(a) The expenses of a primary shall be paid by the respective county, except that the expenses of municipal primaries shall be governed by subsections (b) and (c) of this Code section, and forms listed under paragraph (5) of Code Section 21-2-50 shall be furnished upon request by…
O.C.G.A. § 21-2-157 Municipal nonpartisan primary; qualifying as a candidate; payment of expenses
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(a) The governing authority of any municipality may call and hold a nonpartisan primary for the purpose of nominating candidates to seek municipal office in a subsequent election. If held, such a nonpartisan primary shall be held at least 50 but not more than 60 days prior to the…
O.C.G.A. § 21-2-158 Unopposed candidate failing to receive a single vote
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In any general primary where an unopposed candidate is seeking party nomination for a public office, where such candidate’s name appears on the primary ballot but such candidate fails to receive a single vote, such candidate shall not be nominated for such public office and such …
O.C.G.A. § 21-2-170 Nomination of candidates by petition; form of petition; signatures; limitations as to circulation and amendment of petitions; listing of such candidates on ballots; charter or ordinance authorization
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(a) In addition to the party nominations made at primaries, nominations of candidates for public office other than municipal office may be made by nomination petitions signed by electors and filed in the manner provided in this Code section, and such nomination by petition may al…
O.C.G.A. § 21-2-171 Examination of petitions; basis for grant or denial of filing; review and appeal of denial
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(a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with t…
O.C.G.A. § 21-2-172 Nomination of presidential electors and candidates of political bodies by convention
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(a) Any political party desiring to nominate its presidential electors by convention, any political body desiring to nominate its candidates qualifying with petitions by convention, and any political body desiring to nominate its candidates for state-wide public office by convent…
O.C.G.A. § 21-2-180 Manner of qualification
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(1) Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if:(1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 per…
O.C.G.A. § 21-2-181 Filing of petitions generally
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Petitions to qualify political bodies to nominate candidates for state-wide public office by convention shall be filed with the Secretary of State and shall be signed by voters in the manner provided in this part. Such petitions shall provide sufficient space for the printing of …
O.C.G.A. § 21-2-182 Contents of petitions; signatures
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Each person signing a political body qualifying petition shall declare therein that such person is a duly qualified and registered voter of the state, entitled to vote in the next election for members of the General Assembly, and shall provide with such person’s signature such pe…