O.C.G.A.

O.C.G.A. § 21-2-497 (2019)

Preparation and filing by superintendent of four copies of consolidated return of elections; superintendent to furnish final copy of each ballot used for election

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:

ELECTIONS & PRIMARIES

(1) One copy to be posted at the office of the election superintendent for the information of the public; (2) One copy to be filed and recorded as a permanent record in the minutes of the superintendent’s office; (3) One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500; and (4) One copy to be returned immediately to the Secretary of State unless required as follows: (A) In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; (C) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and (D) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State. (b) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such election.

History

Ga. L. 1890-91, p. 210, § 2; Civil Code 1895, § 114; Civil Code 1910, § 128; Ga. L. 1918, p. 154, §§ 1, 2; Ga. L. 1921, p. 232, § 1; Code 1933, §§ 34-2201, 34-2202, 34-3202; Code 1933, § 34-1508, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L.

1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1982, p. 3, § 21; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 884, § 6-6; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 855, § 6; Ga. L. 1987, p. 34, § 1; Ga. L. 1992, p. 56, § 1; Ga. L. 1995, p. 1027, § 12; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 817,

§ 6/HB 1098; Ga. L. 2012, p. 995, § 38/SB 92. History of Section. The language of this Code section is

derived in part from the decision in McGregor v. Clark, 155 Ga. 384, 116 S.E. 823 (1923).

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 26 Am. Jur. 2d, Elections, § 372.

C.J.S. 29 C.J.S., Elections, § 417 et seq.

Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: Broughton v. Douglas Cnty. Bd. of Elections, 690 S.E.2d 141 (Ga. 2010).
Broughton v. Douglas Cnty. Bd. of Elections, 690 S.E.2d 141 (Ga. 2010). · cites it 2× “The only duty of certification placed on the Secretary of State applies to the election of federal and state officers and to questions voted for in more than one county.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.