O.C.G.A.

O.C.G.A. § 21-2-180 (2019)

Manner of qualification

✓ 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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Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if: (1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election; or (2) At the preceding general election, the political body nominated a candidate for state-wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election.

History

Code 1981, § 21-2-180, enacted by Ga.

L. 1986, p. 890, § 5; Ga. L. 1998, p. 295, § 1.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1986–2024 · leading case: Green Party v. Kemp, 171 F. Supp. 3d 1340 (N.D. Ga. 2016).
Green Party v. Kemp, 171 F. Supp. 3d 1340 (N.D. Ga. 2016). · cites it 16× “7 O.C.G.A. § 21-2-180. First, a registered political body may file a petition for ballot access through convention with the Secretary of State.”
Green Party v. Kemp, 106 F. Supp. 3d 1314 (N.D. Ga. 2015). · cites it 14× “O.C.G.A. § 21-2-180. First, a registered political bodies may file a petition for ballot access through convention with the Secretary of State.”
Chandler v. Georgia Pub. Telecomm. Comm'n, 917 F.2d 486 (11th Cir. 1990). “They have qualified to appear on the general election ballot under O.C.G.A. § 21-2-180 by being nominated by a party that in the last statewide election received votes equal to at least one percent of the number of registered voters in the state of Georgia.”
West v. Wittenstein, 319 Ga. 825 (Ga. 2024). · cites it 4× “tion; (3) An incumbent qualifying as a candidate to succeed himself or herself; (4) A candidate seeking election in a nonpartisan election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the…”
Martin Cowen v. Georgia Sec'y of State (11th Cir. 2020). “”3 O.C.G.A. § 21-2-180(2). However, pursuant to the different Georgia requirement for non-statewide offices, Libertarian congressional candidates are required to individually qualify for the ballot by submitting a nominating petition “signed by a number of voters equal to 5…”
Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986). · cites it 2× “(3) nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for statewide public office under the provisions of Code Section…”
— 21-2-180(1) — 2 cases
Green Party v. Kemp, 171 F. Supp. 3d 1340 (N.D. Ga. 2016). “7 O.C.G.A. § 21-2-180. First, a registered political body may file a petition for ballot access through convention with the Secretary of State.”
Green Party v. Kemp, 106 F. Supp. 3d 1314 (N.D. Ga. 2015). “O.C.G.A. § 21-2-180. First, a registered political bodies may file a petition for ballot access through convention with the Secretary of State.”
— 21-2-180(2) — 3 cases
Green Party v. Kemp, 171 F. Supp. 3d 1340 (N.D. Ga. 2016). “7 O.C.G.A. § 21-2-180. First, a registered political body may file a petition for ballot access through convention with the Secretary of State.”
Green Party v. Kemp, 106 F. Supp. 3d 1314 (N.D. Ga. 2015). “O.C.G.A. § 21-2-180. First, a registered political bodies may file a petition for ballot access through convention with the Secretary of State.”
Martin Cowen v. Georgia Sec'y of State (11th Cir. 2020). “”3 O.C.G.A. § 21-2-180(2). However, pursuant to the different Georgia requirement for non-statewide offices, Libertarian congressional candidates are required to individually qualify for the ballot by submitting a nominating petition “signed by a number of voters equal to 5…”
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