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2018 Georgia Code 21-2-136 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-136 Case Law from Google Scholar Amendments to OCGA 21-2-136

TITLE 21 ELECTIONS

Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.

ARTICLE 4 SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS

21-2-136. Restriction on number of offices for which an individual may be nominated or be a candidate at any one election.

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 General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, members of the Senate and House of Representatives of the General Assembly, judge of superior court, district attorney, any elected county officer, and any elected municipal officer.

(Code 1933, § 34-1014, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1984, p. 1, § 1; Ga. L. 1986, p. 855, § 4; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 8; Ga. L. 2001, p. 240, § 8.)

JUDICIAL DECISIONS

Cited in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).

OPINIONS OF THE ATTORNEY GENERAL

Application.

- Candidate on ballot in special congressional primary may not be permitted to run at same time in general election for General Assembly. 1982 Op. Att'y Gen. No. U82-30.

Candidate who was on ballot in the August 10, 1982, general primary for state senator, State House of Representatives, or county commissioner may qualify and have that candidate's name placed on ballot in special congressional primary. 1982 Op. Att'y Gen. No. 82-67.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 222, 232.

C.J.S.

- 29 C.J.S., Elections, § 200 et seq.

Cases Citing O.C.G.A. § 21-2-136

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Barrow v. Raffensperger (two Cases), 308 Ga. 660 (Ga. 2020).

Cited 24 times | Published | Supreme Court of Georgia | May 14, 2020

...primary.” Beskin also argued that, in any event, the Secretary’s actions violated her rights as a voter. The trial court concluded that Beskin was not entitled to relief on the merits, so it declined to address the mootness issue. On appeal, the Secretary points to OCGA § 21-2-136, which says that a person cannot “be a candidate” for more than one office as a Justice to be filled in the same election....
...Thus, he contends, Beskin would not benefit from a judgment directing him to open qualifying for a May 19 election for Justice Blackwell’s office, because qualifying for the May 19 election for Justice Bethel’s office has closed and, having “be[en] a candidate” for that office, OCGA § 21-2-136 would render her ineligible to qualify for Justice Blackwell’s office in the same election....
...qualifying for the election for Justice Bethel’s office constituted an adequate alternative remedy to her qualifying for the election for Justice Blackwell’s office, or whether having qualified for the election for Justice Bethel’s office, OCGA § 21-2-136 would preclude her from withdrawing her candidacy for the May 19 election for Justice Bethel’s office if a May 19 election were held for Justice Blackwell’s office....