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  • O.C.G.A. 21-2-133

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    This Georgia statute outlines requirements for write-in candidates seeking election to public office. It requires write-in candidates to file a notice of intent and publish it by specific deadlines. It also prohibits write-in candidacies in primary elections or if the candidate ran for the same office in the prior election. Election officials must certify the names of qualified write-in candidates within 5 days of the notice deadline.

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    O.C.G.A. § 21-2-133

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    O.C.G.A. § 21-2-133

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    This Georgia statute outlines requirements for write-in candidates seeking election to public office. It requires write-in candidates to file a notice of intent and publish it by specific deadlines. It also prohibits write-in candidacies in primary elections or if the candidate ran for the same office in the prior election. Election officials must certify the names of qualified write-in candidates within 5 days of the notice deadline.

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    2K views3 pages

    O.C.G.A. 21-2-133

    Uploaded by

    Zachary Hansen
    This Georgia statute outlines requirements for write-in candidates seeking election to public office. It requires write-in candidates to file a notice of intent and publish it by specific deadlines. It also prohibits write-in candidacies in primary elections or if the candidate ran for the same office in the prior election. Election officials must certify the names of qualified write-in candidates within 5 days of the notice deadline.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    O.C.G.A.

    § 21-2-133
    Current through the 2021 Regular Session of the General Assembly.

    GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND
    PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND
    PRESIDENTIAL ELECTORS > PART 1. GENERAL PROVISIONS

    § 21-2-133. Giving notice of intent of write-in candidacy; filing of affidavit;


    limitations on candidacy; certification of candidates

    (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, and federal elections; no later than seven days after the close of the
    qualifying period for nonpartisan elections in the case of nonpartisan elections for state or county offices; no later than
    seven days after the close of the municipal qualifying period for municipal elections in the case of a general election;
    or no later than seven days after the close of the special election qualifying period for a special election by the person
    to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as
    follows:
    (1) In a state general or special election, notice shall be filed with the Secretary of State and published in a
    newspaper of general circulation in the state;
    (2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in
    the county in which he or she is to be a candidate and published in the official organ of the same county; or
    (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the
    official gazette of the municipality holding the election.
    In the event that such intention of candidacy is filed and published by a person or group of persons other than the
    candidate, such person or group of persons shall also file a written, notarized authorization by the candidate for
    such filing and publication.
    (b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving
    notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in
    paragraph (1), (2), or (3) of subsection (a) of this Code section, a copy of the notice as published with an affidavit
    stating that the notice has been published and including the name of the newspaper and the date of publication, not
    later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the
    person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published
    or by an employee of the newspaper designated by the publisher.
    (c) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary
    runoff, or in a special or general election runoff.
    (d) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate
    for nomination or election to the same office in the immediately preceding primary.
    (e)
    (1) The Secretary of State shall certify and transmit to the election superintendent of each county affected within
    five days following the deadline for the submission by write-in candidates of the notice and documentation
    required by this Code section to be a write-in candidate in a general or special election the names of all persons
    who have filed notices of intention to be write-in candidates with the Secretary of State for such general or special
    election.
    Page 2 of 3
    O.C.G.A. § 21-2-133

    (2) The county election superintendent shall certify within five days following the deadline for the submission by
    write-in candidates for county offices of the notice and documentation required by this Code section to be a write-
    in candidate in a general or special election the names of all persons who have filed notices of intention to be
    write-in candidates with the county election superintendent for county offices for such general or special election.
    (3) The municipal election superintendent shall certify within five days following the deadline for the submission
    by write-in candidates for municipal offices of the notice and documentation required by this Code section to be a
    write-in candidate in a general or special election the names of all persons who have filed notices of intention to
    be write-in candidates with the municipal election superintendent for municipal offices for such general or special
    election.

    History

    Code 1933, § 34-1017, enacted by Ga. L. 1978, p. 1004, § 17; Ga. L. 1979, p. 963, § 1; Ga. L. 1987, p. 417, § 1; Ga. L. 1987, p.
    1360, § 6; Ga. L. 1989, p. 682, § 1; Ga. L. 1997, p. 590, § 9; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p.
    52, § 6; Ga. L. 2001, p. 230, § 5; Ga. L. 2001, p. 269, § 6; Ga. L. 2001, Ex. Sess., p. 325, § 3; Ga. L. 2002, p. 437, § 1; Ga. L.
    2005, p. 253, § 15/HB 244; Ga. L. 2011, p. 678, § 2/HB 158; Ga. L. 2012, p. 995, § 6/SB 92; Ga. L. 2017, p. 697, § 4/HB
    268.

    Annotations

    Notes

    THE 2017 AMENDMENT, effective July 1, 2017, added the ending undesignated paragraph of subsection (a).

    EDITOR'S NOTES. --

    Owing to the duplication in subsection designations in the 1987 amendments, the subsection (b) added by Ga. L. 1987, p. 1360
    was unofficially redesignated as subsection (d).

    EDITOR'S NOTES. --

    In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-910 are included in the
    annotations for this Code section.

    Case Notes

    JUDICIAL DECISIONS

    CONSTRUCTION WITH O.C.G.A. § 21-2-494. --Trial court did not err in finding that O.C.G.A. § 21-2-494 was
    constitutional, despite an election challenger's claim that it impermissibly allowed the exclusion of votes for write-in candidates
    and because it did not require that voters be provided with notice that write-in votes for unqualified candidates would not be
    counted, as: (1) it was undisputed that nine write-in votes were cast for individuals who were not eligible to hold office, as
    these people did not give proper notice of their intention of candidacy; (2) no voters were disenfranchised; (3) each voter was
    given the opportunity to vote for the candidate of his or her own choosing; and (4) the legislature properly exercised its power
    when it limited the counting of write-in votes to votes cast for qualified write-in candidates. Brodie v. Champion, 281 Ga. 105,
    636 S.E.2d 511 (2006).

    Research References & Practice Aids


    Page 3 of 3
    O.C.G.A. § 21-2-133

    CROSS REFERENCES. --

    Persons not eligible to hold office, Ga. Const. 1983, Art. II, Sec. II, Para. III. Write-in votes in precincts using optical scanning
    voting equipment, § 21-2-486.

    LAW REVIEWS. --

    For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).

    For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).

    OPINIONS OF THE ATTORNEY GENERAL

    NOMINATING PETITION IS NECESSARY ONLY IF THE MUNICIPALITY'S CHARTER OR ORDINANCE SO


    REQUIRES IT, and it must be in the form prescribed by the law. 1971 Op. Att'y Gen. No. 71-185 (decided under former Code
    1933, § 34A-910).

    OFFICIAL QUALIFIED TO DECLARE WRITE-IN CANDIDATE INELIGIBLE. --The appropriate official to declare a
    write-in candidate for county office ineligible who has received a majority of votes cast in the election but did not publish
    notice of intention of candidacy at least 20 days prior to the election is the superintendent of elections of the county. 1984 Op.
    Att'y Gen. No. 84-84.

    AM. JUR. 2D. --

    26 Am. Jur. 2d, Elections, §§ 232, 255, 295 et seq.

    ALR. --

    Elections: validity of state or local legislative ban on write-in votes, 69 A.L.R.4th 948.

    Hierarchy Notes:

    Title Note

    Hierarchy Notes:

    Chapter Note

    Hierarchy Notes:

    Article Note

    Hierarchy Notes:

    Part Note

    OFFICIAL CODE OF GEORGIA ANNOTATED

    End of Document

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