O.C.G.A.

O.C.G.A. § 21-2-195 (2019)

Procedures by which delegates and alternates to national nominating conventions selected

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

The state executive committee of each political party or body shall determine the method and procedures by which delegates and delegate alternates to the national nominating conventions are to be selected as well as adopt any other rule not inconsistent with this article. The state executive committee of the political party or body shall establish, at least 90 days prior to the presidential preference primary, procedures to be followed in the nomination of candidates for delegates and delegate alternates to the nominating convention of the political party or body. A copy of any rule or regulation adopted by the state executive committee shall be sent to the Secretary of State within seven days after its adoption, to become a public record.

ELECTIONS & PRIMARIES

History

Code 1933, § 34-1005A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1975, p. 1223, § 2; Ga. L. 1979, p. 1316, § 1.

Annotations

Law reviews. For note, “Selecting and Certifying Na-

tional Political Convention Delegates - A Party or a State Right?,” see 4 Ga. L. Rev. 875 (1970).

JUDICIAL DECISIONS Preservation of party autonomy. - The federal district court reads O.C.G.A. § 21-2-191 (only those parties which have cast greater than twenty percent of the votes in the last presidential election may participate in the presidential preference primary) and O.C.G.A. § 21-2-195 (parties are free to set out the rules by which

delegates are bound) alongside O.C.G.A. § 21-2-193 (ballot decision-making) as a distinct attempt at preserving party autonomy in the nomination process. Duke v. Cleland, 783 F. Supp. 600, 1992 U.S. Dist. LEXIS 6771 (N.D. Ga.), aff’d, 954 F.2d 1526, 1992 U.S. App. LEXIS 1957 (11th Cir. 1992).

Notes of Decisions

Cited in 2 cases, 1992–1992 · leading case: Duke v. Cleland, 954 F.2d 1526 (11th Cir. 1992).

Sort: Relevance Newest Treatment

Duke v. Cleland, 954 F.2d 1526 (11th Cir. 1992). “O.C.G.A. § 21-2-195. The rules of Georgia’s Republican Party bind its delegates to vote at the Republican national convention for the candidate who receives the most votes in Georgia’s preference primary.”

Duke v. Cleland, 783 F. Supp. 600 (N.D. Ga. 1992). · cites it 2× “§ 21-2-191 (only those parties which have cast greater than twenty percent of the votes in the last presidential election may participate in the presidential preference primary) and O.C.G.A. § 21-2-195 (parties are free to set out the rules by which delegates are bound)…”

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.