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2018 Georgia Code 21-2-150 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-150 Case Law from Google Scholar Amendments to OCGA 21-2-150

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

21-2-150. Date of general primary.

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 case of municipalities, on the third Tuesday in July in each odd-numbered year.

(Ga. L. 1953, Jan.-Feb. Sess., p. 244, § 8; Ga. L. 1953, Nov.-Dec. Sess., p. 335, § 2; Ga. L. 1961, p. 432, § 1; Ga. L. 1962, p. 15, § 1; Code 1933, § 34-801, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1971, p. 602, § 1; Ga. L. 1980, p. 1256, § 2; Ga. L. 1983, p. 1190, § 8; Ga. L. 1984, p. 133, § 1; Ga. L. 1989, p. 643, § 4; Ga. L. 1996, p. 101, § 1; Ga. L. 1997, p. 590, § 11; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 11; Ga. L. 2001, Ex. Sess., p. 325, § 6; Ga. L. 2011, p. 535, § 1/HB 302; Ga. L. 2014, p. 1, § 2/HB 310.)

The 2011 amendment, effective July 1, 2011, substituted "last Tuesday in July" for "next-to-last Tuesday in August" at the end of paragraph (b)(2).

The 2014 amendment, effective January 21, 2014, substituted the present provisions of this Code section for the former provisions, which read: "(a) 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 third Tuesday in July in each even-numbered year or, in the case of municipalities, on the third Tuesday in July in each odd-numbered year, except as provided in subsection (b) of this Code section.

"(b)(1) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This paragraph shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted.

"(2) For general primaries held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, the general primary shall be conducted on the last Tuesday in July."

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 article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 93 (2014). For note on the 2001 amendment to O.C.G.A. § 21-2-150, see 18 Ga. St. U.L. Rev. 96 (2001).

JUDICIAL DECISIONS

Cited in Ashworth v. Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 227.

C.J.S.

- 29 C.J.S., Elections, § 200 et seq.

Cases Citing O.C.G.A. § 21-2-150

Total Results: 3  |  Sort by: Relevance  |  Newest First

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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

...numbered year (but occurs in July in the first such election after the decennial census results are released); if needed, a runoff election is held in conjunction with the runoff primary election. See Ga. L. 2011, p. 678, §§ 1, 3. See also OCGA §§ 21-2-150 (establishing the date of general primary elections), 21-2-501 (a) (2) (establishing the date of primary runoff elections)....
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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....
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Catoosa Cnty. Repub. Party v. Henry, 906 S.E.2d 750 (Ga. 2024).

Cited 5 times | Published | Supreme Court of Georgia | Sep 17, 2024 | 319 Ga. 794

...The petitions sought temporary restraining orders and interlocutory and permanent injunctions prohibiting the CCRP Defendants from preventing their qualification as candidates. The qualifications period began on March 4, 2024, and was set to end at noon on March 8, 2024. See OCGA § 21-2-150 (setting primary election for May 21, 2024, the Tuesday of the twenty-fourth week prior to the November general election in an even-numbered year); OCGA § 21-2-153 (c) (1) (A) (setting qualification for the eleventh week immediately p...
...after the trial court on March 8 ordered that the Candidates be permitted to qualify, the CCRP Defendants’ requested relief would appear to require upending the results of a completed primary election as to one or more commission seats. See OCGA § 21-2-150; OCGA § 21-2-501 (a) (1) (setting primary runoff for June 18, 2024, the twenty-eighth day after the holding of the preceding primary).3 Given the CCRP Defendants’ failure to litigate this appeal with 2 As set forth in the Ma...