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2018 Georgia Code 21-2-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-40 Case Law from Google Scholar Amendments to OCGA 21-2-40

TITLE 21 ELECTIONS

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

ARTICLE 2 SUPERVISORY BOARDS AND OFFICERS

21-2-40. General Assembly authorized to create board of elections and board of elections and registration in any county.

  1. The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members.
  2. The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members.

(Code 1981, §21-2-40, enacted by Ga. L. 1982, p. 1292, § 2; Ga. L. 1983, p. 140, § 1; Ga. L. 1990, p. 243, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 261, § 1/SB 456; Ga. L. 2012, p. 995, § 2/SB 92.)

The 2008 amendment, effective May 6, 2008, part of an Act to revise, modernize, and correct this title, revised punctuation in subsection (b).

The 2012 amendment, effective July 1, 2012, added the last sentence to subsections (a) and (b).

Cases Citing O.C.G.A. § 21-2-40

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Lilly v. Heard, 295 Ga. 399 (Ga. 2014).

Cited 12 times | Published | Supreme Court of Georgia | Jun 30, 2014 | 761 S.E.2d 46

...to seek and hold the public office for which the candidate is offering”); OCGA § 21-2-2 (35) (saying that “‘[s]uperintendent’ means: (A) Either the judge of the probate court of a county or the county board of elections . . . .”); OCGA § 21-2-40 (a) (authorizing the 3 General Assembly to create “by local Act ....
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Scott K. Camp v. Ryan Christopher Williams, 314 Ga. 699 (Ga. 2022).

Cited 11 times | Published | Supreme Court of Georgia | Sep 30, 2022

...The Board’s only real counterargument is that nothing in the Election Code prohibited it from doing so. But this misunderstands the nature of the Board’s power. The Board does not generally have power to do whatever is not prohibited; rather, the Board has only that power granted to it by law. See OCGA § 21-2-40 (b); Glustrom v....
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Gwinnett Cnty. v. Bolin, 262 Ga. 67 (Ga. 1992).

Cited 4 times | Published | Supreme Court of Georgia | Mar 18, 1992 | 414 S.E.2d 225, 92 Fulton County D. Rep. 7

...The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. . . . The county board of registrations and elections is the “election superintendent” for this county pursuant to OCGA § 21-2-40 (a): The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. See Ga....
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In Re: December 6, 2022 Gen. Election Ballot (three Cases), 889 S.E.2d 811 (Ga. 2023).

Published | Supreme Court of Georgia | Jun 21, 2023 | 316 Ga. 843

...It is axiomatic that in order for a trial court to grant relief 2 The legislature has authorized the creation of County Boards of Elections and Registration to exercise the statutory powers of an “election superintendent.” See OCGA § 21-2-40 (b)....

Lilly v. Heard (Ga. 2014).

Published | Supreme Court of Georgia | Jun 30, 2014 | 316 Ga. 843

...to seek and hold the public office for which the candidate is offering”); OCGA § 21-2-2 (35) (saying that “‘[s]uperintendent’ means: (A) Either the judge of the probate court of a county or the county board of elections . . . .”); OCGA § 21-2-40 (a) (authorizing the General Assembly to create “by local Act ....