O.C.G.A.
O.C.G.A.

O.C.G.A. § 21-2-17 (2019)

Designation of candidate’s chief deputy clerk in elections for clerk of state court of certain counties

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) This Code section shall apply only to counties with a population of 425,000 or more according to the United States decennial census of 1990 or any future such census.

(b) When a candidate for election to clerk of the state court of a county is required by law at any time before election to name the person whom such candidate will appoint as chief deputy if elected to office, the ballot for office shall include, below the name of the candidate, the name of each candidate’s designated chief deputy, labeled as such.

(c) This Code section shall not be construed to require any action to fill a vacancy in the position of chief deputy of clerk of the state court of a county.

History

Code 1981, § 21-2-17, enacted by Ga. L.

1992, p. 2590, § 1; Ga. L. 1998, p. 295, § 1.

Annotations

RESEARCH REFERENCES

ALR. - Result of election as affected by lack of title or by defective title of election officers, 1 A.L.R. 1535.

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PART 1 STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION

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Subpart 1 State Election Board

Administrative Rules and Regulations. - Registration of electors, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Chapter 183-1-6.

Ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Chapter 183-1-11.

Voting machines and voting recorders, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Chapter 183-1-12.

JUDICIAL DECISIONS

Editor's notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-110 and former Code Section 21-3-7 are included in the annotations for Subpart 1.

Duty of board to be knowledgeable. - The decision whether to exercise the right to intervene in municipal election contests requires that the State Election Board be aware of the nature of the proceedings and of problems encountered in elections and election contests in order that it may properly perform its duties. Lyde v. City of Brunswick, 241 Ga. 554, 246 S.E.2d 673 (1978) (decided under former Code 1933, § 34A-110).

Petition seeking mandamus requiring officials to administer oath to elected candidates. - A petition seeking mandamus requiring city officials to administer the oath of office to persons who claim to have been elected as write-in candidates in a municipal election requires notice to the State Election Board, and the omission of the required notice constitutes a fatal defect. Lucken v. Falligant, 243 Ga. 816, 256 S.E.2d 788 (1979) (decided under former Code 1933, § 34A-110).

Cited in Collins v. Williams, 237 Ga. 576, 229 S.E.2d 388 (1976); Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981).

RESEARCH REFERENCES

ALR. - Power to enjoin holding of an election, 33 A.L.R. 1376; 70 A.L.R. 733.

Power to enjoin canvassing votes and declaring result of election, 1 A.L.R.2d 588.