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Call Now: 904-383-7448The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector.
(Code 1933, § 34-1506, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1987, p. 417, § 9; Ga. L. 1998, p. 295, § 1.)
- For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).
- In light of the similarity of the issues, decisions under former Code 1933, § 34-1505 are included in the annotations for this Code section.
- Trial court did not err in finding that O.C.G.A. § 21-2-494 was constitutional, despite an election challenger's claim that it impermissibly allowed the exclusion of votes for write-in candidates and because it did not require that voters be provided with notice that write-in votes for unqualified candidates would not be counted, as: (1) it was undisputed that nine write-in votes were cast for individuals who were not eligible to hold office, as these people did not give proper notice of their intention of candidacy; (2) no voters were disenfranchised; (3) each voter was given the opportunity to vote for the candidate of his or her own choosing; and (4) the legislature properly exercised its power when it limited the counting of write-in votes to votes cast for qualified write-in candidates. Brodie v. Champion, 281 Ga. 105, 636 S.E.2d 511 (2006).
- Persons who do not spell well may take a paper with them into the voting booth which contains the correct spelling of their candidate's name and from which they may copy that name. Morris v. Fortson, 261 F. Supp. 538 (N.D. Ga. 1966) (decided under former Code 1933, § 34-1505).
- In light of the similarity of the issues, opinions decided under former Code 1933, § 34-1505, are included in the annotations for this section.
- The use of stickers, pasters, and stamps is not permitted in casting a write-in vote in instances where voting machines or vote recorders are used. 1965-66 Op. Att'y Gen. No. 66-230 (decided under former Code 1933, § 34-1505).
- 26 Am. Jur. 2d, Elections, § 327 et seq.
- 29 C.J.S., Elections, § 298 et seq.
- Validity of write-in vote where candidate's surname only is written in on ballot, 86 A.L.R.2d 1025.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2006-10-16
Citation: 636 S.E.2d 511, 281 Ga. 105
Snippet: submitted for unqualified candidates. See OCGA § 21-2-494. Brodie challenged the election in a lawsuit against