O.C.G.A.

O.C.G.A. § 21-2-187 (2019)

Holding of conventions; filing notice of candidacy

✓ 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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Political bodies shall hold their conventions in accordance with Code Section 21-2-172, and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21-2-172 in order to qualify its candidates to be listed on the general election ballot.

History

Code 1981, § 21-2-187, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1987, p. 1360, § 9; Ga. L. 1989, p. 643, § 8; Ga. L. 1997, p. 590, § 17; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess., p. 325, § 9; Ga. L. 2014, p. 1, § 5/HB 310.

Annotations

Law reviews. For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014).

ELECTIONS & PRIMARIES

JUDICIAL DECISIONS Effect of federal preclearance procedure. - Where plaintiff political party held no convention in 1986 to choose its nominees but claimed it was denied ballot access by the fact that it was notified of the resolution of the federal preclearance procedure one day after the deadline for filing notice of candidacy, the court found no merit in this argument since the notice of candidacy provision, enacted one year before the June 9, 1986 preclearance determination, was not altered by the 1986 amendments in O.C.G.A. T. 21 and thus

was not subject to the preclearance determination. Libertarian Party of Georgia v. Harris, 644 F. Supp. 602, 1986 U.S. Dist. LEXIS 21463 (N.D. Ga. 1986). Where plaintiff political body contended federal preclearance of the 1986 amendments to O.C.G.A. T. 21 was “late,” plaintiff should have complied with the unchallenged Election Code requirements of holding a convention and filing notice of candidacy. Libertarian Party of Georgia v. Harris, 644 F. Supp. 602, 1986 U.S. Dist. LEXIS 21463 (N.D. Ga. 1986).

ARTICLE 5 PRESIDENTIAL PREFERENCE PRIMARY OPINIONS OF THE ATTORNEY GENERAL Bond referendum may be held on the date of the presidential preference primary, but the bond referendum should be placed on a separate ballot so

that voters need not request a party ballot to vote only in the referendum. 1975 Op. Att’y Gen. No. 75-132.

Notes of Decisions
Cited in 1 case, 1986–1986 · leading case: Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986).
Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986). · cites it 2× “§ 21-2-187 requires that candidates nominated by Convention for such offices shall file notice of candidacy ‘no later than 12:00 noon on the fourteenth day following the fourth Wednesday in May’, which deadline had expired prior to receipt of preclearance from the United States…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.