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2018 Georgia Code 21-2-522.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-522.1 Case Law from Google Scholar Amendments to OCGA 21-2-522.1

TITLE 21 ELECTIONS

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

ARTICLE 13 CONTESTED ELECTIONS AND PRIMARIES

21-2-522.1. Rebuttable presumption of legal vote in contested election.

Notwithstanding any other provisions of this chapter, for the purposes of election contests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility requirements of Code Section 21-2-216. For such a voter, there shall be a rebuttable presumption that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card.

(Code 1981, §21-2-522.1, enacted by Ga. L. 1995, p. 1027, § 16A; Ga. L. 1998, p. 295, § 1.)

Law reviews.

- For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

JUDICIAL DECISIONS

Evidence sufficient to show doubt as to validity of election results.

- Because the trial court's finding that four voters in a local election were improperly disenfranchised was not clearly erroneous, and the wrongful rejection of those votes was sufficient to place the results of the election in doubt pursuant to O.C.G.A. § 21-2-522(3), the trial court's act of ordering a new election was upheld on appeal. McIntosh County Bd. of Elections v. Deverger, 282 Ga. 566, 651 S.E.2d 671 (2007).

Evidence insufficient to show doubt as to validity of election results.

- Two candidates who lost city council races by 126 and 133 votes failed to produce evidence placing the results of the election in doubt based on a malfunctioning machine that produced 60 additional votes prior to recertification of the results and 21 absentee ballots alleged to have been improperly counted. Scoggins v. Collins, 288 Ga. 26, 701 S.E.2d 134 (2010).

Cases Citing Georgia Code 21-2-522.1 From Courtlistener.com

Total Results: 10

Dawkins-Haigler v. Anderson

Court: Supreme Court of Georgia | Date Filed: 2017-04-17

Citation: 301 Ga. 27, 799 S.E.2d 180, 2017 WL 1374785, 2017 Ga. LEXIS 238

Snippet: filed an election contest pursuant to OCGA § 21-2-522 (1) and (3) and OCGA § 21-2-524, alleging that a

Cook v. BD. OF REGISTRARS OF RANDOLPH CTY.

Court: Supreme Court of Georgia | Date Filed: 2012-05-07

Citation: 727 S.E.2d 478, 291 Ga. 67, 2012 Fulton County D. Rep. 1578, 2012 WL 1571610, 2012 Ga. LEXIS 449

Snippet: or election remain the same today. See OCGA § 21-2-522(1)-(5). At a minimum, it is clear that the phrase

Scoggins v. Collins

Court: Supreme Court of Georgia | Date Filed: 2010-09-20

Citation: 701 S.E.2d 134, 288 Ga. 26, 2010 Fulton County D. Rep. 3012, 2010 Ga. LEXIS 614

Snippet: presumes election results to be valid. OCGA § 21-2-522.1. “Thus, ‘one challenging the results bears the

Davis v. Dunn

Court: Supreme Court of Georgia | Date Filed: 2010-03-01

Citation: 690 S.E.2d 389, 286 Ga. 582, 2010 Fulton County D. Rep. 522, 2010 Ga. LEXIS 175

Snippet: entitled to contest the election under OCGA § 21-2-522(1) for an "irregularity by any primary or election

Lewis v. O'DAY

Court: Supreme Court of Georgia | Date Filed: 2008-10-06

Citation: 667 S.E.2d 594, 284 Ga. 423, 2008 Fulton County D. Rep. 3150, 2008 Ga. LEXIS 820

Snippet: O'Day signed the document herself.[2] OCGA § 21-2-522(1) authorizes an election contest on the ground

McIntosh County Board of Elections v. Deverger

Court: Supreme Court of Georgia | Date Filed: 2007-09-24

Citation: 282 Ga. 566, 651 S.E.2d 671

Snippet: to meet other eligibility requirements. OCGA § 21-2-522.1. Under such circumstances, it may be presumed

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: claim specifically invoking OCGA §§ 21-2-521 and 21-2-522(1) and (3). OCGA § 21-2-521 allows a candidate

Mead v. Sheffield

Court: Supreme Court of Georgia | Date Filed: 2004-09-02

Citation: 601 S.E.2d 99, 278 Ga. 268, 2004 Fulton County D. Rep. 2865, 2004 Ga. LEXIS 592

Snippet: a primary or election official under OCGA § 21-2-522 (1). Assessment of such errors must necessarily

Howell v. Fears

Court: Supreme Court of Georgia | Date Filed: 2002-10-15

Citation: 571 S.E.2d 392, 275 Ga. 627, 2002 Fulton County D. Rep. 2966, 2002 Ga. LEXIS 929

Snippet: granted his motion for expedited review. OCGA § 21-2-522(1) provides that the result of an election may

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: misconduct by election officials under OCGA § 21-2-522 (1), (3) or (4) (see footnote 1, supra), then the