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2018 Georgia Code 21-2-154 | Car Wreck Lawyer

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

21-2-154. Certification of political party candidates.

  1. At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding primary election. Such certification shall be accompanied by the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) of subsection (c) of Code Section 21-2-131 and a copy of the declaration of candidacy and affidavit of each such candidate. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. When the election superintendent qualifies candidates on behalf of a political party pursuant to subsection (c) of Code Section 21-2-153, the election superintendent shall certify at or before 12:00 Noon on the third day after the deadline for qualifying, on forms provided by the Secretary of State, all those candidates of such political party who qualified with the election superintendent.
  2. Any candidate whose name does not appear on the list of candidates posted by a county executive committee or the state executive committee pursuant to subsection (d) of Code Section 21-2-153 shall not be certified under this Code section; provided, however, that the name of a candidate who has properly qualified whose name has been left off of the list of candidates through inadvertence or clerical error may be placed upon such list upon the filing of an affidavit by the county executive committee or the state executive committee, as appropriate, attesting to such inadvertence or error. The county executive committee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c)(2)(A) of Code Section 15-16-1, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section 48-5-210.

(Code 1933, § 34-1006, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1985, p. 496, § 6; Ga. L. 1989, p. 643, § 6; Ga. L. 1989, p. 903, § 2; Ga. L. 1989, p. 1091, § 5; Ga. L. 1990, p. 243, § 3; Ga. L. 1994, p. 96, § 1; Ga. L. 1997, p. 590, § 13; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 11.)

JUDICIAL DECISIONS

Cited in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Stanford v. Schmid, 229 Ga. 595, 193 S.E.2d 614 (1972); Stoner v. Fortson, 359 F. Supp. 579 (N.D. Ga. 1972); O'Keefe v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976).

RESEARCH REFERENCES

C.J.S.

- 29 C.J.S., Elections, § 241 et seq.

Cases Citing O.C.G.A. § 21-2-154

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

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

..., challenged that action in a written submission to the Board. After a hearing, the Board dismissed the challenge, despite the fact that Williams was not on the list of certified Democratic candidates for the chief magistrate seat. See OCGA § 21-2-154 (b). The Board announced that Williams would appear on the general election ballot as the Democratic nominee for Chief Magistrate Judge....
...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)....
...) (1) (D); 21-2-137; 21-2-153 (a) (1) (B), (b), (c), (f), (g) (1); 21-2-153.1 (a), (c); 21-2-157 (b); 21-2-214 (b); 21-2-217 (a); or  “qualifies,” OCGA §§ 21-2-131 (b) (1), (c) (3)-(5); 21-2-135 (a) (1); 21-2- 153 (d) (1); 21-2-154 (a); and even  “qualification(s),” OCGA §§ 21-2-131 (c) (1)-(2); 21-2-153; 21-2-153.1; 21-2-182. 15 published” at the prescribed time before the election.).3 Of course, an othe...
...seek office — not just the traits required to hold it. That conclusion is enough to resolve this case. It is undisputed that Williams did not qualify for the election through the Democratic primary in the time prescribed by law. See OCGA § 21-2-154 (setting the time for qualifying in a partisan primary); OCGA § 21-2-130 (describing the general pathways to qualify for an election)....