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2018 Georgia Code 21-2-280 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-280 Case Law from Google Scholar Amendments to OCGA 21-2-280

TITLE 21 ELECTIONS

Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.

ARTICLE 8 VOTING BY BALLOT

21-2-280. Requirement as to conduct of primaries and elections by ballot; requirement as to use of official ballots only.

All primaries and elections in this state shall be conducted by ballot, except when voting machines are used as provided by law. A ballot may be electronic or printed on paper. All ballots used in any primary or election shall be provided by the superintendent or municipal governing authority in accordance with this article, and only official ballots furnished by the superintendent or governing authority shall be cast or counted in any primary or election in any precinct in which ballots are used.

(Ga. L. 1962, p. 618, § 1; Code 1933, § 34-1101, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p. 140, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2002, p. 598, § 2-2; Ga. L. 2005, p. 253, § 33/HB 244.)

JUDICIAL DECISIONS

Omission of directions on ballots.

- A trial court properly denied a losing candidate's petition to contest the election results of a mayoral election held in a town as the losing candidate failed to meet the burden of establishing that any misconduct, fraud, or irregularity occurred that placed the result of the election in doubt based on the county clerk signing the document reflecting the election results, instead of the election superintendent, and the clerk's failure to purge the voters list, which was not an obligation of the election supervisor anyway. The omission of the statutory language providing directions on how to cast a vote likewise did not necessitate a new election since the poll manager testified that the poll manager and other poll workers instructed each voter how to fill out the ballot and established that there was no concern or confusion by the voters regarding the ballot. Lewis v. O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).

Methods of voting.

- O.C.G.A. § 21-2-280, by exempting electronic voting from the requirement that elections be conducted by ballot, does not violate Ga. Const. 1983, Art. II, Sec. I, Par. I because nothing in Ga. Const. 1983, Art. II, Sec. I, Para. I limits voting to some method or methods under which each voter indicates his or her choice or choices on a separate piece of paper issued to him or her for that purpose; it contemplates that the legislature shall provide a method, or methods, of voting at elections in such a way that not even those who count or tabulate the votes will know how any particular voter voted. Favorito v. Handel, 285 Ga. 795, 684 S.E.2d 257 (2009).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 281, 283.

C.J.S.

- 29 C.J.S., Elections, §§ 262, 264.

ALR.

- Failure to make available to voters official ballots, or ballots conforming to requirements, as affecting validity of election of public officer, 165 A.L.R. 1263.

Cases Citing O.C.G.A. § 21-2-280

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Favorito v. Handel, 684 S.E.2d 257 (Ga. 2009).

Cited 20 times | Published | Supreme Court of Georgia | Sep 28, 2009 | 285 Ga. 795, 2009 Fulton County D. Rep. 3047

...Accordingly, we hold that [Georgia's] recount procedures are justified by the State's important regulatory interests and, therefore, they do not violate equal protection. [Cit.] Wexler v. Anderson, supra at 1232-1233(III). 2. Appellants further contend that OCGA § 21-2-280, by exempting electronic voting from the requirement that elections be conducted by ballot, violates Art....
...d in accordance with procedures provided by law." It is undisputed that voters' ballots are kept secret. In the law providing procedures for conducting elections, ballots are defined so as to include "electronic" ballots. OCGA §§ 21-2-2 (1), (18), 21-2-280....
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Lewis v. O'DAY, 667 S.E.2d 594 (Ga. 2008).

Cited 1 times | Published | Supreme Court of Georgia | Oct 6, 2008 | 284 Ga. 423, 2008 Fulton County D. Rep. 3150

...Lewis next contends that the omission of statutory language on the ballot necessitates a new election. Evidence was introduced that Harden, as mayor of Santa Claus, undertook to have the ballot printed because O'Day, the only employee of Santa Claus, was ill. See OCGA § 21-2-280 (all ballots used in election "shall be provided by the superintendent or municipal governing authority")....