Authority of state to regulate elections.

- States have broad authority, absent valid congressional legislation, to establish rules regulating the manner of conducting both primary and final elections. Williamson v. Fortson, 376 F. Supp. 1300 (N.D. Ga. 1974).

Cited in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Stoner v. Fortson, 345 F. Supp. 1369 (N.D. Ga. 1972).

When O.C.G.A.

§§ 21-2-284 and21-2-285 control questions of form of ballot cards. - It was reasonable that former Code 1933, §§ 34-1102 and 1103 (see O.C.G.A. § 21-2-284 and21-2-285), prescribing form for paper ballots, control questions of form of ballot cards where former Code 1933, § 1223 (former § 21-2-357), governing ballot cards, dis not expressly provide an answer to the question raised. 1981 Op. Att'y Gen. No. 81-68.

Name of candidate.

- Titles such as "Dr.", "Rev.", "Judge", "Mr.", "Ms.", "Mrs.", or "Miss" are not a part of a person's name and should not be placed on the ballot as a part of the candidate's name. 1984 Op. Att'y Gen. No. 84-51.

Purpose of incumbency designation.

- The purpose of the requirement of incumbency designation established by this section was to provide factual information to a voter which is relevant to the choice which the voter makes in voting and which aids the voter in that decision. 1976 Op. Att'y Gen. No. 76-5 (see O.C.G.A. § 21-2-284).

This section identified on the ballot the candidate responsible for the current conduct of the office involved, permitting the voter to express the voter's approval or disapproval of that conduct. 1976 Op. Att'y Gen. No. 76-5 (see O.C.G.A. § 21-2-284).

This section required incumbency designation of the present officeholder, regardless of whether the officeholder was previously elected or was appointed to fill a vacancy. 1976 Op. Att'y Gen. No. 76-5 (see O.C.G.A. § 21-2-284).

If two incumbent county commissioners qualify for the same post they must both be listed as "incumbents" on the primary ballot. 1974 Op. Att'y Gen. No. U74-57.

Incumbent need not be listed if not candidate for that office.

- It is not necessary to designate the incumbent on a primary ballot if the incumbent is not a candidate in that party's primary for the office the incumbent holds. 1970 Op. Att'y Gen. No. 70-132.

Where elected commissioner of labor withdrew prior to taking oath of office and another person was appointed to serve until the next general election in 1992, the proper ballot caption for the office for the 1992 primary and general elections was: "For Commissioner of Labor (To Succeed Al Scott for the Unexpired Term of Joe Tanner, withdrawn)". 1991 Op. Att'y Gen. No. 91-16.

Candidates for both special election and general election may be listed on same ballot.

- Former Code 1933, §§ 34-1102 and 34-1103 (see O.C.G.A. §§ 21-2-284 and21-2-285) allow both special election candidates and general election candidates to be listed on the same ballot so long as the candidates have qualified in accordance with the requirements of the Election Code and the elections are held on the same day; provided, however, that all persons in that election district (now precinct) who will receive the ballot are eligible to vote in both the general and the special elections. 1970 Op. Att'y Gen. No. 70-115.

Prepunching, in addition to printing, of ballot cards used in conjunction with vote recorders.

- Ballot cards used in conjunction with vote recorders may not be prepunched to designate election districts (now precincts) or political parties in lieu of printing such information on cards, but may be so prepunched in addition to printing such information on cards. 1981 Op. Att'y Gen. No. 81-68.

Where election district (now precinct) and political party are designated by printing, such designations may be prepunched to obviate confusion and concern among voters; however, it would be wise to also include explanatory language to the effect that the "ballot has been prepunched only so as to indicate information printed immediately above." 1981 Op. Att'y Gen. No. 81-68.

Straw polls.

- Public funds may not be expended for the purpose of conducting a straw poll or public opinion referendum absent statutory authority. 1990 Op. Att'y Gen. No. U90-20.

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 283 et seq.

C.J.S.

- 29 C.J.S., Elections, §§ 266, 269, 270.

ALR.

- Constitutionality of statute relating to election ballots as regards place or number of appearances on the ballots of names of candidates, 78 A.L.R. 398.

Name or form of name to be used in designating candidate on primary or election ballot, 93 A.L.R. 911.

Validity, construction, and application of state statutory requirements concerning placement of independent candidate for President of the United States on ballot, 33 A.L.R.6th 513.

Validity, construction, and application of state requirements for placement of independent candidates for United States Senate on ballot, 59 A.L.R. 6th 111.