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2018 Georgia Code 21-2-520 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 13 CONTESTED ELECTIONS AND PRIMARIES

21-2-520. Definitions.

As used in this article, the term:

  1. "Contestant" means any person or persons entitled under Code Section 21-2-521 to contest the result of any primary or election.
  2. "Defendant" means:
    1. The person whose nomination or election is contested;
    2. The person or persons whose eligibility to seek any nomination or office in a run-off primary or election is contested;
    3. The election superintendent or superintendents who conducted the contested primary or election; or
    4. The public officer who formally declared the number of votes for and against any question submitted to electors at an election.

(Code 1933, § 34-1701, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1987, p. 1050, § 1; Ga. L. 1998, p. 295, § 1.)

JUDICIAL DECISIONS

Failure to name Board of Registration and Elections as a party.

- In an election contest, the trial court did not err in denying an incumbent's motion to dismiss a challenger's lawsuit merely because that challenger failed to name the Board of Registration and Elections as the proper party defendant, as the failure to name the proper parties was an amendable defect, correctable by the parties or upon the court's own motion. Brodie v. Champion, 281 Ga. 105, 636 S.E.2d 511 (2006).

Cited in Ollila v. Graham, 126 Ga. App. 288, 190 S.E.2d 542 (1972).

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