Authority of states 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).

There are many types of information which could serve to reduce voter confusion if they were included in the ballot. The determination of what should be included is a state function. Williamson v. Fortson, 376 F. Supp. 1300 (N.D. Ga. 1974).

Prohibition of use of stamps or stickers not unconstitutional.

- The prohibition of the use of stamps or stickers is not unconstitutional on its face. Morris v. Fortson, 261 F. Supp. 538 (N.D. Ga. 1966).

Use of incorrect terminology held mere irregularity.

- See Buttrill v. Thomas, 126 Ga. App. 498, 191 S.E.2d 119 (1972).

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).

Lawsuit seeking name placed on ballot properly dismissed.

- Trial court properly dismissed a nominee's lawsuit seeking to have the nominee's name placed upon the ballot for the 2016 general election as an independent candidate for President of the United States because the notices of candidacy were submitted 11 days after the deadline set forth in O.C.G.A. § 21-2-132(d)(1) and the nominee failed to have enough signatures verified; thus, the nominee was not entitled to have the nominee's name placed on the ballot. De La Fuente v. Kemp, 300 Ga. 79, 793 S.E.2d 89 (2016).

Cited in McCrary v. Poythress, 638 F.2d 1308 (5th Cir. 1981).

Editor's notes.

- In light of the similarity of the provisions, opinions under former Code 1933 § 34A-1004 and former Code Section 21-3-187 are included in the annotations for this Code section.

Effect where election otherwise required by law.

- A special municipal election, otherwise required by law, must be conducted notwithstanding the existence of the conditions set forth in this section. 1980 Op. Att'y Gen. No. U80-15 (decided under former Code 1933, § 34A-1004).

When no name for a particular race shall appear on ballot.

- Where neither a party nominee nor a write-in candidate files notice of intention of candidacy in opposition to an already qualified candidate in a municipal general or special election, then no name for that race shall appear on the ballot. 1982 Op. Att'y Gen. No. U82-10 (decided under former Code 1933, § 34A-1004).

Controlling sections or questions of form of ballot cards.

- It was reasonable that former Code 1933, §§ 34-1102 and 34-1103 (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, § 34-1223 (formerly § 21-2-357), governing ballot cards, did not expressly provide an answer to the question raised. 1981 Op. Att'y Gen. No. 81-68 (decided under former Code 1933, § 34-1103).

No candidate for office at general election.

- Where no candidate of either party nor an independent qualifies for an office to be filled at a general election, the title to the office should be printed on the ballot and then a note should be written under the title in each party's column that there is no candidate for that office. 1968 Op. Att'y Gen. No. 68-411 (decided under former Code 1933, § 34-1103).

Restrictions on use of stickers, pasters, and stamps.

- Ga. L. 1933, § 34-1323 (see O.C.G.A. § 21-2-438) does not remove the restrictions on the use of stickers, pasters, stamps, etc., as contained in former Code 1933, § 34-1103 (see O.C.G.A. § 21-2-285). 1976 Op. Att'y Gen. No. U76-45 (decided under former Code 1933, § 34-1323).

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 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.

Abbreviations in write-in votes.

- An elector, when casting a write-in vote, may use abbreviations in the title of the office if the write-in office has been abbreviated in such a way that the elector has indicated clearly and without question the office for which the elector voted. 1968 Op. Att'y Gen. No. 68-434.

Poll officers are required to count as valid any ballot on which an elector has indicated clearly and without question the candidate for whom the elector desires to cast a vote, notwithstanding the fact the elector has not marked the elector's ballot in accordance with the Election Code. 1976 Op. Att'y Gen. No. U76-45.

Misspelling of candidate's name.

- In those instances where the elector's intent can clearly and unquestionably be ascertained, the elector's vote should be counted even where the elector has not spelled the candidate's name exactly as recorded by the candidate. 1968 Op. Att'y Gen. No. 68-411.

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.

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 election. 1970 Op. Att'y Gen. No. 70-115.

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.

Am. Jur. 2d.

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

C.J.S.

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