Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 21-2-138 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-138 Case Law from Google Scholar Amendments to OCGA 21-2-138

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

21-2-138. Nonpartisan elections for judicial offices.

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 for the office of judge of a state court shall be placed on the ballot in a nonpartisan election to be held and conducted jointly with the general primary in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. Candidates for any such office shall have their names placed on the nonpartisan portion of each ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections.

(Code 1933, § 34-1016, enacted by Ga. L. 1975, p. 1251, § 1; Ga. L. 1983, p. 1190, § 6; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 1490, § 7; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 9; Ga. L. 2005, p. 253, § 17/HB 244; Ga. L. 2011, p. 678, § 3/HB 158.)

The 2011 amendment, effective July 1, 2011, substituted "general primary" for "general election" near the end of the first sentence of this Code section.

Editor's notes.

- Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.

Law reviews.

- For note on the 2001 amendment to O.C.G.A. § 21-2-138, see 18 Ga. St. U.L. Rev. 96 (2001). For comment, "Awakening a Slumbering Giant: Georgia's Judicial Selection System After White and Weaver ," see 56 Mercer L. Rev. 1035 (2005).

JUDICIAL DECISIONS

Agreement to change to retention election system unconstitutional.

- In an action challenging Georgia's judicial election system under the Voting Rights Act, 42 U.S.C. § 1973 et seq., and the federal Constitution, a proposed consent decree that would have established retention elections instead of direct elections was rejected because it would have impermissibly decreased the power of the electorate in violation of the constitutional and statutory law of the state. Brooks v. State Bd. of Elections, 848 F. Supp. 1548 (S.D. Ga. 1994), appeal dismissed, 59 F.3d 1114 (11th Cir. 1995).

OPINIONS OF THE ATTORNEY GENERAL

Reelection of Supreme Court Justice appointed to fill vacancy.

- When the Governor appoints to fill a vacancy on the Supreme Court, the appointee must stand for reelection in the nonpartisan judicial primary and also during the next general election in November, which is more than six months after his or her appointment. 1992 Op. Att'y Gen. No. U92-7.

Election of clerks of state court on partisan basis.

- In enacting Ga. Const. 1983, Art. VI, Sec. VII, Para. I and O.C.G.A. §§ 21-2-138 and21-2-139, the General Assembly did not intend to place the election of clerks of state court on a nonpartisan basis unless the General Assembly so provided by special legislation. 1985 Op. Att'y Gen. No. U85-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 252 et seq.

C.J.S.

- 29 C.J.S., Elections, § 238.

Cases Citing O.C.G.A. § 21-2-138

Total Results: 4  |  Sort by: Relevance  |  Newest First

Copy

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

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

...nonpartisan elections for Justices were held in conjunction with the general election in early November of even-numbered years, with qualifying held several months earlier. See Ga. L. 1983, pp. 1194, 1197; Ga. L. 2011, pp. 678, 680. In 2011, OCGA § 21-2-138 was amended to make the nonpartisan general election coincide with the general primary election, which typically occurs in May of each even- numbered year (but occurs in July in the first such election after the decennial census resul...
...of electing judges. Under the current system, the people have reserved for themselves the right, and the corresponding responsibility, to vote directly for their judicial candidates. See GA. CONST. Art. 6, § 7, ¶ 1 (1983); O.C.G.A. § 21-2-138 (1993)....
Copy

Heiskell Et Al. v. Roberts, 295 Ga. 795 (Ga. 2014).

Cited 15 times | Published | Supreme Court of Georgia | Oct 6, 2014 | 764 S.E.2d 368

...system for the selection and terms of office of appellate, superior, and state court judges explicitly preserved the then-existing system for “[a]ll other judges . . . earlier in even-numbered years – on July 31 of 2012, for example. See OCGA § 21-2-138. 8 until otherwise provided by local law” and authorized the filling of “[v]acancies ....
Copy

Scott K. Camp v. Ryan Christopher Williams, 314 Ga. 699 (Ga. 2022).

Cited 11 times | Published | Supreme Court of Georgia | Sep 30, 2022

...e eligible to hold office unless notice of his or her intention of candidacy was filed and 2 Several provisions use “qualified” as the past tense of “qualifying,” OCGA §§ 21-2-131 (c) (1); 21-2-132 (e) (5); 21-2-134 (e); 21-2-137; 21-2-138; 21- 2-153 (c) (1) (D), (d) (1); 21-2-153.1 (c), (e); 21-2-154 (a), (b); 21-2-155; 21-2-171 (a)....
Copy

Perdue v. Palmour, 600 S.E.2d 370 (Ga. 2004).

Cited 8 times | Published | Supreme Court of Georgia | Jul 13, 2004 | 278 Ga. 217, 2004 Fulton County D. Rep. 2410

...Ultimately, Vines, Hurley, and Finster were joined as party plaintiffs, Governor Perdue was made a party defendant, and a counterclaim for declaratory judgment by Payne was denominated a cross-claim against Governor Perdue. [6] See OCGA § 9-4-2(a) & (b). [7] See OCGA §§ 21-2-9; 21-2-138; 21-2-150....