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Call Now: 904-383-7448(Code 1933, § 34-203, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1991, p. 608, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2000, p. 1589, § 4.)
- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, made this Act applicable with respect to notices delivered on or after July 1, 2000.
Purpose for which notice is given to the State Election Board is to give the board an opportunity to intervene in an action brought under this section. Hill v. Bargeron, 240 Ga. 490, 241 S.E.2d 251 (1978) (see O.C.G.A. § 21-2-32).
The decision whether to intervene in municipal election contests requires that the State Election Board be aware of the nature of the proceedings, and for problems encountered in elections and election contests, in order that it may properly perform its duties under this section. Copies of the proceedings are also necessary to assist the board in promulgating rules and regulations, in publishing and distributing explanatory pamphlets interpreting the election laws, in conducting investigations where necessary, and in making recommendations to the General Assembly. Lyde v. City of Brunswick, 241 Ga. 554, 246 S.E.2d 673 (1978) (see O.C.G.A. § 21-2-32).
- To accomplish the intended purposes of O.C.G.A. § 21-2-32, the words "seeking relief affecting the calling, holding, conduct," are not to be given a strict interpretation. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981).
- An action seeking to enjoin the placing of a candidate's name upon the ballot is an action seeking relief affecting the conduct, determination, result, etc., of a primary or election. O'Keefe v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976).
A petition seeking mandamus requiring city officials to administer the oath of office to persons who claim to have been elected as write-in candidates in a municipal election is such a proceeding that requires notice to the State Election Board. Lucken v. Falligant, 243 Ga. 816, 256 S.E.2d 788 (1979).
- The Georgia Secretary of State had standing to object to a request under the Open Records Act for election records held by a county. Under O.C.G.A. §§ 21-2-30,21-2-31,21-2-32,21-2-50 et seq., and45-13-20 et seq., the Secretary was charged with the supervision of all elections in Georgia and thus had the right to seek judicial intervention. Smith v. DeKalb County, 288 Ga. App. 574, 654 S.E.2d 469 (2007), cert. denied, No. S08C0596, 2008 Ga. LEXIS 291 (Ga. 2008).
Omission of required notice under subsection (d) of this section constitutes a fatal defect. O'Keefe v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976); Lucken v. Falligant, 243 Ga. 816, 256 S.E.2d 788 (1979) (see O.C.G.A. § 21-2-32(g)).
- If no certificate that service had been perfected upon the State Election Board was filed as required by subsection (d) of this section, it is not error for the court to dismiss a petition in an election contest. Moody v. Carter, 128 Ga. App. 27, 195 S.E.2d 204 (1973) (see O.C.G.A. § 21-2-32(g)).
- The word "upon" in subsection (d) of this section means "immediately following on" or "very soon after." Late or eleventh-hours service is not in conformity with the express statutory language. Hill v. Bargeron, 240 Ga. 490, 241 S.E.2d 251 (1978) (see O.C.G.A. § 21-2-32(g)).
- Where the record reflected service on the Secretary of State by the sheriff, the absence of the formalities required under O.C.G.A. § 21-2-32(d) (see subsection (g)) was not fatal. Hanson v. Wilson, 257 Ga. 5, 354 S.E.2d 126 (1987).
- Subsection (d) of this setion will not be expanded so as to include a city council within the definition of "court". Collins v. Williams, 237 Ga. 576, 229 S.E.2d 388 (1976) (see O.C.G.A. § 21-2-32(g)).
Cited in Smith v. Nathan, 127 Ga. App. 610, 194 S.E.2d 490 (1972); Robinson v. Bassett, 128 Ga. App. 711, 197 S.E.2d 799 (1973); Price v. Cheek, 130 Ga. App. 506, 203 S.E.2d 751 (1973); Schloth v. Smith, 134 Ga. App. 529, 215 S.E.2d 292 (1975); Bargeron v. Hill, 143 Ga. App. 87, 237 S.E.2d 518 (1977).
- Since the State Election Board is empowered to investigate and enforce by civil actions, it would be entitled to receive criminal history record information in connection with any such investigation or litigation. 1975 Op. Att'y Gen. No. 75-144.
- 25 Am. Jur. 2d, Elections, §§ 8, 38, 93 et seq.
- 29 C.J.S., Elections, § 107 et seq.
- Power to enjoin holding of an election, 33 A.L.R. 1376, 70 A.L.R. 733.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1987-04-08
Citation: 354 S.E.2d 126, 257 Ga. 5
Snippet: the chairman of the State Election Board. OCGA § 21-2-32 (d) provides that the State Election Board should