TITLE 21 ELECTIONS

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

ARTICLE 8 VOTING BY BALLOT

"OFFICIAL NONPARTISAN PRIMARY BALLOT OF ______________________________

21-2-285.1. Nonpartisan elections - Form of ballot; run-off election; declaration of prevailing candidate as duly elected.

The names of all candidates for offices which the General Assembly has by general law or local Act provided for election in a nonpartisan election shall be printed on each official primary ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for party nomination to other offices by being listed last on each ballot, with the top of that portion of each official primary ballot relating to the nonpartisan election to have printed in prominent type the words "OFFICIAL NONPARTISAN ELECTION BALLOT." In addition, there shall be a ballot that contains just the official nonpartisan election ballot available for electors who choose not to vote in a party primary. Directions that explain how to cast a vote, how to write in a candidate, and how to obtain a new ballot after the elector spoils his or her ballot shall appear immediately under the caption, as specified by rule or regulation of the State Election Board. Immediately under the directions, the name of each such nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which they are candidates and be printed thereunder. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general primary runoff in the same manner as prescribed in this Code section for the nonpartisan election and there shall be a separate official nonpartisan election runoff ballot for those electors who do not choose or are not eligible to vote in the general primary runoff. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office.

(Code 1981, §21-2-285.1, enacted by Ga. L. 1983, p. 1190, § 12; Ga. L. 1984, p. 133, § 1; Ga. L. 1994, p. 279, § 3; Ga. L. 1996, p. 145, § 15; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 8; Ga. L. 2001, p. 269, § 18; Ga. L. 2002, p. 598, § 2-8; Ga. L. 2005, p. 253, § 37/HB 244; Ga. L. 2011, p. 678, § 5/HB 158.)

The 2011 amendment, effective July 1, 2011, in the first sentence, substituted "official primary" for "official election" in two places, inserted "general law or" and "party nomination to"; added the second sentence; and in the eighth sentence, substituted "general primary" for "general election", and added "and there shall be a separate official nonpartisan election runoff ballot for those electors who do not choose or are not eligible to vote in the general primary runoff" at the end.