Title 21 — Elections
5 chapters · 451 sections in this title.
O.C.G.A. § 21-1-1 [Reserved] Definitions and descriptions for use in designating congressional districts
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O.C.G.A. § 21-1-1Current 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 1933, § 34-1801, enacted by Ga. L. 1971, Ex. Sess., p. 89, § 1; Code 1933, § 34-1802, enact…
O.C.G.A. § 21-1-2 Designation of congressional districts
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The General Assembly shall by general law divide the state into 14 congressional districts. There shall be elected one representative to the Congress of the United States from each such district by the electors of such district.
O.C.G.A. § 21-1-3 Continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership based on residency within congressional district
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(a) Any member of any constitutional or statutory board or body who:(1) Is in office on January 1 of the year following the year in which members of Congress are first elected from Georgia under any congressional redistricting Act; and(2) Was appointed or otherwise selected (othe…
O.C.G.A. § 21-2-1 Short title; references to Chapter 3 of Title 21 or the municipal election code
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(a) This chapter shall be known and may be cited as the “Georgia Election Code.” (b) References in general and local law to the “Georgia Municipal Election Code,” the “Municipal Election Code,” or “Chapter 3 of Title 21” shall be deemed to refer to this chapter.
O.C.G.A. § 21-2-10 Election of presidential electors
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At the November election to be held in the year 1964 and every fourth year thereafter, there shall be elected by the electors of this state persons to be known as electors of President and Vice President of the United States and referred to in this chapter as presidential elector…
O.C.G.A. § 21-2-11 Performance of duties by presidential electors
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The presidential electors chosen pursuant to Code Section 21-2-10 shall assemble at the seat of government of this state at 12:00 Noon of the day which is, or may be, directed by the Congress of the United States and shall then and there perform the duties required of them by the…
O.C.G.A. § 21-2-12 Procedure for filling presidential elector vacancies
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If any such presidential elector shall die, or for any cause fail to attend at the seat of government at the time appointed by law, the presidential electors present shall proceed to choose by voice vote a person of the same political party or body, if any, as such deceased or ab…
O.C.G.A. § 21-2-13 Compensation of presidential electors; payment of expenses of electoral college
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Each presidential elector shall receive from the state treasury the sum of $50.00 for every day spent in traveling to, remaining at, and returning from the place of meeting and shall be entitled to mileage at the rate of 10¢ per mile to and from his or her home. The reasonable ex…
O.C.G.A. § 21-2-14 Computation of time as to exercise of privilege or discharge of duty under chapter
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Unless otherwise stated in a specific Code section of this chapter, time periods under this chapter include Saturdays, Sundays, and legal holidays. When the last day for the exercise of any privilege or the discharge of any duty prescribed or required by this chapter shall fall o…
O.C.G.A. § 21-2-15 Applicability of chapter
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This chapter shall apply to any general or special election in this state to fill any federal, state, county, or municipal office, to any general or special primary to nominate candidates for any such office, and to any federal, state, county, or municipal election or primary for…
O.C.G.A. § 21-2-16 Construction of chapter
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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. Unless otherwise provided in this chapter, this chapter shall repeal any conflicting provision or provisions of any munici…
O.C.G.A. § 21-2-17 Designation of candidate’s chief deputy clerk in elections for clerk of state court of certain counties
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(a) This Code section shall apply only to counties with a population of 425,000 or more according to the United States decennial census of 1990 or any future such census. (b) When a candidate for election to clerk of the state court of a county is required by law at any time befo…
O.C.G.A. § 21-2-18 Payment for costs of elections; no solicitation of additional funding
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(a) As used in this Code section, the term:(1) “Government employee” means any individual, committee, entity, or group acting in concert who are employed by a county or municipal government. Such term shall include, but not be limited to, election superintendents, registrars, pol…
O.C.G.A. § 21-2-19 Conflict of interest for election officers, officials, and employees regarding providers of voting equipment goods and services
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(a) As used in this Code section, the term:(1) “Business” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity.(2) “Family” means spouse and dependents.(3) “Full-time” me…
O.C.G.A. § 21-2-2 Definitions
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(.1) As used in this chapter, the term:(.1) “Activities of daily living” includes eating, toileting, grooming, dressing, shaving, transferring, and other personal care services.(.2) “Attendant care services” means services and supports furnished to an individual with a physical d…
O.C.G.A. § 21-2-3 Telephone hotline for electors reporting voter intimidation or illegal election activities
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The Attorney General shall have the authority to establish and maintain a telephone hotline for the use of electors of this state to file complaints and allegations of voter intimidation and illegal election activities. Such hotline shall, in addition to complaints and reports fr…
O.C.G.A. § 21-2-4 Preparation, publicizing, and distributing of summary of constitutional amendments
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(a) The summary of general amendments to the Constitution of Georgia prepared by the Attorney General, the legislative counsel, and the Secretary of State pursuant to Article X, Section I, Paragraph II of the Constitution of Georgia shall be printed by the Secretary of State in s…
O.C.G.A. § 21-2-4.1 [Repealed] Continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership based on residency within congressional district
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O.C.G.A. § 21-2-4.1Current 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 1933, § 34-1803, enacted by Ga. L. 1981, Ex. Sess., p. 131, § 1; Code 1981, § 21-2-4.1, e…
O.C.G.A. § 21-2-5 Qualifications of candidates for federal and state office; determination of qualifications
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(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought. (b) The Secretary of State up…
O.C.G.A. § 21-2-6 Qualifications of candidates for county and municipal office; determination of qualifications
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(a) Every candidate for county office who is certified by the county executive committee of a political party or who files a notice of candidacy, and every candidate for municipal office who is certified by a municipal executive committee of a political party or who files a notic…
O.C.G.A. § 21-2-7 Eligibility of subversive persons for nomination or election to public office
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No person who has been adjudged a “subversive person,” as defined in Part 2 of Article 1 of Chapter 11 of Title 16, the “Sedition and Subversive Activities Act of 1953,” shall be nominated or elected in accordance with this chapter.
O.C.G.A. § 21-2-8 Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent
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No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any electi…
O.C.G.A. § 21-2-9 Date of election for offices
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(a) The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, district attorneys, members of the General Assembly, and county officers n…
O.C.G.A. § 21-2-100 Training of local election officials
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(a) The election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours’ training annually as m…
O.C.G.A. § 21-2-101 Certification program for county and municipal election superintendents or election board designee; waiver of certification; failure to comply; remedial training; regulatory authority
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(a) All county and municipal election superintendents, chief registrars, and absentee ballot clerks or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified …
O.C.G.A. § 21-2-105 Local election official defined
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(1) As used in this part, the term “local election official” means:(1) A county board of elections or a county board of elections and registration established pursuant to Code Section 21-2-40 or 21-2-40.1; or(2) A municipal election superintendent. (1) A county board of elections…
O.C.G.A. § 21-2-106 Performance review of local election official; role of performance review board; findings as grounds for removal
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(a) The following officials may request that a performance review of a local election official be conducted:(1) The governing authority of the same jurisdiction as the local election official;(2) For counties represented by more than three members of the Georgia House of Represen…
O.C.G.A. § 21-2-107 Authority of State Election Board to appoint independent performance review board; operation and reporting
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(a) The State Election Board shall appoint an independent performance review board on its own motion if it determines that there is evidence which calls into question the competence of a local election official regarding the oversight and administration of elections, voter regist…
O.C.G.A. § 21-2-108 Promulgation of rules and regulations
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The State Election Board shall promulgate such rules and regulations as may be necessary for the administration of this part.
O.C.G.A. § 21-2-30 Creation; membership; terms of service; vacancies; quorum; bylaws; meetings; executive director
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(a) There is created a state board to be known as the State Election Board, to be composed of a chairperson elected by the General Assembly, an elector to be elected by a majority vote of the Senate of the General Assembly at its regular session held in each odd-numbered year, an…
O.C.G.A. § 21-2-31 Duties
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(1) It shall be the duty of the State Election Board:(1) To promulgate rules and regulations so as to obtain uniformity in the practices and proceedings of superintendents, registrars, deputy registrars, poll officers, and other officials, as well as the legality and purity in al…
O.C.G.A. § 21-2-32 Institution of and intervention in court actions; procedures; appellate review
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(a) The State Election Board shall have the right to institute or to intervene as a party in any action in any court of this state or of the United States, seeking mandamus, injunction, or other relief, to compel compliance with any election or primary law of the state or with an…
O.C.G.A. § 21-2-33 Hearings before board
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The State Election Board may examine under oath any person concerning any matter connected with or bearing on the proper discharge of its duties; and any member of the board may administer such oath. The board shall have full power to subpoena persons and papers and to compel the…
O.C.G.A. § 21-2-33.1 Enforcement of chapter; suspension of election superintendents; support and assistance from the Secretary of State
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(a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a pro…
O.C.G.A. § 21-2-33.2 Extraordinary relief; hearings; suspension and reinstatement of superintendents; litigation expenses
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(a) The governing authority of a county or municipality, as applicable, following a recommendation based on an investigation by a performance review board pursuant to Code Section 21-2-106 may petition the State Election Board, through the Secretary of State, for extraordinary re…
O.C.G.A. § 21-2-34 Compensation and expenses of members
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Each member of the State Election Board shall receive a per diem in an amount equal to the per diem received by members of the General Assembly for each day or portion thereof spent in serving as members of the State Election Board. Each member of the State Election Board shall b…
O.C.G.A. § 21-2-35 Emergency rules and regulations; imminent peril requirement; procedures
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(a) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to emergency management, or Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to the contrary, the State Election Board may only adopt emergency rules or regulations in circ…
O.C.G.A. § 21-2-36 Notification of proposed consent agreement, settlement, or consent order
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The State Election Board, the members thereof, the Secretary of State, and any of their attorneys or staff, at least five business days prior to entering into any consent agreement, settlement, or consent order that limits, alters, or interprets any provision of this chapter, sha…
O.C.G.A. § 21-2-40 Creation of county board of elections and county board of elections and registration
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(a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three m…
O.C.G.A. § 21-2-40.1 Boards of elections and registration in counties where the probate court judge serves as the election superintendent
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(a) For the purposes of this Code section, the term “board” shall mean a board of elections and registration created pursuant to this Code section. (b) (1) In addition to and notwithstanding any provisions of Code Section 21-2-40 to the contrary, in any county in which the judge …
O.C.G.A. § 21-2-45 Creation of joint county-municipal board of elections and board of elections and registration
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(a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superinten…
O.C.G.A. § 21-2-45.1 Special elections on bonded debt; publication; date; discount
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(a) The governing authority of a county, municipality, or political subdivision desiring to incur bonded debt in accordance with the provisions of the Constitution of Georgia shall call a special election to be held on a certain day for the purpose of submitting to the electorate…
O.C.G.A. § 21-2-50 Powers and duties; prohibition against serving in fiduciary capacity
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(a) The Secretary of State shall exercise all the powers granted to the Secretary of State by this chapter and shall perform all the duties imposed by this chapter, which shall include the following:(1) To determine the forms of nomination petitions, ballots, and other forms the …
O.C.G.A. § 21-2-50.1 Postponement and extension of qualifying periods for elections for public office during state of emergency; limitation
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In the event the Governor declares that a state of emergency or disaster exists pursuant to Code Section 38-3-51 or a federal agency declares that a state of emergency or disaster exists, the Secretary of State is authorized to postpone or extend the qualifying periods provided i…
O.C.G.A. § 21-2-50.2 Obligations of the state under the federal Help America Vote Act of 2002
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(a) The Secretary of State, as the chief election official designated under the federal Help America Vote Act of 2002, shall be responsible for coordinating the obligations of the state under the federal Help America Vote Act of 2002. (b) As the chief election official, the Secre…
O.C.G.A. § 21-2-51 Opening of election records to members of public
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Except when otherwise provided by law, the primary and election records of the Secretary of State, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in his or her custody sha…
O.C.G.A. § 21-2-52 Preservation of primary and election records
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All primary and election documents in the office of the Secretary of State shall be preserved therein for a period of at least 24 months; and then the same may be destroyed unless otherwise provided by law.
O.C.G.A. § 21-2-70 Powers and duties
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(1) Each superintendent within his or her county or municipality shall exercise all the powers granted to him or her by this chapter and shall perform all the duties imposed upon him or her by this chapter, which shall include the following:(1) To receive and act upon all petitio…
O.C.G.A. § 21-2-70.1 Municipal superintendents
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(a) The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality. (b) The municipal superintendent shall be a person or committee selected by the governing authority of the municipality in a public meetin…
O.C.G.A. § 21-2-71 Payment by county or municipality of superintendent’s expenses; study and report on acceptance and equitable distribution of donations
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(a) The governing authority of each county or municipality shall appropriate annually and from time to time, to the superintendent of such county or municipality, the funds that it shall deem necessary for the conduct of primaries and elections in such county or municipality and …