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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).

Cases Citing Georgia Code 21-2-520 From Courtlistener.com

Total Results: 11

Peterson v. Vie

Court: Supreme Court of Georgia | Date Filed: 2024-12-10

Snippet: May 30, nine days after the primary. See OCGA § 21-2-520 et seq. That post-primary petition did not seek

CATOOSA COUNTY REPUBLICAN PARTY v. HENRY

Court: Supreme Court of Georgia | Date Filed: 2024-09-17

Snippet: action is not an election contest under OCGA § 21-2-520 et seq. or a challenge to candidate qualifications

MILLER v. HODGE

Court: Supreme Court of Georgia | Date Filed: 2024-08-13

Snippet: litigate his election contest claims under OCGA § 21-2-520 et seq. before a subsequent election takes place

SCHMITZ v. BARRON, DIRECTOR

Court: Supreme Court of Georgia | Date Filed: 2021-09-21

Snippet: 193, 194 (835 SE2d 245) (2019); see also OCGA § 21-2-520 et seq. “But an election contest is, by statutory

City of Greenville v. Bray

Court: Supreme Court of Georgia | Date Filed: 2008-11-17

Citation: 670 S.E.2d 98, 284 Ga. 641, 2008 Fulton County D. Rep. 3671, 2008 Ga. LEXIS 978

Snippet: Yost, 281 Ga. 102, 636 S.E.2d 517 (2006); OCGA §§ 21-2-520 (allowing candidate to "contest the result of

Allen v. Yost

Court: Supreme Court of Georgia | Date Filed: 2006-10-16

Citation: 636 S.E.2d 517, 281 Ga. 102, 2006 Fulton County D. Rep. 3174, 2006 Ga. LEXIS 836

Snippet: involve an election contest brought under OCGA § 21-2-520 et seq., which by its terms, allows a candidate

Brodie v. Champion

Court: Supreme Court of Georgia | Date Filed: 2006-10-16

Citation: 636 S.E.2d 511, 281 Ga. 105

Snippet: the proper party defendant pursuant to OCGA § 21-2-520(2).[2] Instead of specifically naming the Board

Caplan v. Hattaway

Court: Supreme Court of Georgia | Date Filed: 1998-06-01

Citation: 501 S.E.2d 195, 269 Ga. 582, 98 Fulton County D. Rep. 1850, 1998 Ga. LEXIS 574

Snippet: Article 13 of the Georgia Election Code, OCGA §§ 21-2-520 et seq., sets forth the mechanisms for expediting

Payne v. Chatman

Court: Supreme Court of Georgia | Date Filed: 1997-04-28

Citation: 485 S.E.2d 723, 267 Ga. 873, 97 Fulton County D. Rep. 1433, 1997 Ga. LEXIS 154

Snippet: Article 13 of the Georgia Election Code, OCGA § 21-2-520 et seq., embodies the controlling statutes which

Flaherty v. Poythress

Court: Supreme Court of Georgia | Date Filed: 1993-06-14

Citation: 263 Ga. 178, 432 S.E.2d 103, 93 Fulton County D. Rep. 2202, 1993 Ga. LEXIS 488

Snippet: in an election contest are set forth in OCGA § 21-2-520: (2) “Defendant” means: (A) The person whose nomination

Bailey v. Colwell

Court: Supreme Court of Georgia | Date Filed: 1993-05-03

Citation: 428 S.E.2d 570, 263 Ga. 111, 93 Fulton County D. Rep. 1766, 1993 Ga. LEXIS 400, 1993 WL 139338

Snippet: Bailey filed a contest to the election (see OCGA § 21-2-520 et seq.), contending there were irregularities