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2018 Georgia Code 21-2-523 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-523 Case Law from Google Scholar Amendments to OCGA 21-2-523

TITLE 21 ELECTIONS

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

ARTICLE 13 CONTESTED ELECTIONS AND PRIMARIES

21-2-523. Jurisdiction and general pretrial proceedings; notification of proceedings; selecting administrative judge; compensation of presiding judge.

  1. A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides, except that a municipal contest case shall be tried and determined by the superior court of the county where the city hall is located. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the superior court of the county where the defendant who received the highest number of votes resides.
  2. The superior court having jurisdiction of a contest case governed by this article shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section.
  3. Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest.
  4. If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
  5. After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his or her actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service.

(Code 1933, § 34-1704, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 1; Ga. L. 1977, p. 175, § 1; Ga. L. 1991, p. 608, § 2; Ga. L. 1998, p. 295, § 1.)

Cross references.

- Legal mileage allowance, § 50-19-7.

Law reviews.

- For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B.J. 29 (1987).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the issues covered in the provisions, decisions under former Code 1933, §§ 34-2801, 34-2802, 34-2803, 34-3001 and Code Section 21-3-424 are included in the annotations for this Code section.

Who was proper presiding judge.

- Under O.C.G.A. § 21-2-523, a superior court judge or a senior superior court judge had to be selected to preside over the dismissal of the election contest action. Williams v. Heard, 302 Ga. 114, 805 S.E.2d 1 (2017).

Protest filed prior to declaration of results.

- Although technically incorrect, a protest may be lodged prior to the governing authority's declaring the results of the election where such a handling affords the parties substantial justice. Garnto v. Wheeler, 235 Ga. 405, 219 S.E.2d 721 (1975).

Time limit for filing petition.

- The requirement that a petition to contest shall be filed within five days after the results of the election are certified by the election official means in effect "not later than" that date. Whittington v. Mathis, 253 Ga. 653, 324 S.E.2d 727 (1985).

Failure to comply with five-day limit.

- Where the contestants failed to comply with the five-day limit, the trial court lacked jurisdiction to decide the merits of the contest. Mayor & Council v. Hall, 261 Ga. 681, 410 S.E.2d 105 (1991).

Agent of court fails to follow procedure.

- The right to contest the results of an election through the expedited procedure of former subsection (c) of O.C.G.A. § 21-3-424 is not waived by the clerk of court's failure to follow the procedure outlined in former subsection (f). Stuckey v. Storms, 265 Ga. 491, 458 S.E.2d 344 (1995) (decided under former § 21-3-424).

Holding of election is generally a political matter not ordinarily cognizable in a court of equity. Committee for New Cobb County Revenue v. Brown, 228 Ga. 364, 185 S.E.2d 534 (1971).

Jurisdiction of an ordinary (now superintendent) to determine contest arising out of election of constable is limited, and the ordinary has no power other than that expressly conferred by statute, and in such a proceeding the ordinary does not act in a judicial or quasi-judicial capacity; consequently the ordinary's sole authority and jurisdiction is to determine whether the person filing the contest or the one who was declared elected received the greater number of legal votes, and, in case the contestant received it, to declare the contestant duly elected. Thompson v. Stone, 205 Ga. 243, 53 S.E.2d 458 (1949) (decided under former Code 1933, §§ 34-2801, 34-2802, 34-2803, 34-3001).

Cited in Bell v. Southwell, 376 F.2d 659 (5th Cir. 1967); Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968); Ollila v. Graham, 126 Ga. App. 288, 190 S.E.2d 542 (1972); Dolvin v. Town of Siloam, 246 Ga. 131, 269 S.E.2d 23 (1980); Littlejohn v. Cleland, 251 Ga. 597, 308 S.E.2d 186 (1983); Streeter v. Paschal, 267 Ga. 207, 476 S.E.2d 759 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Jurisdiction over challenge of one holding office of sheriff.

- Jurisdiction to hear a case seeking to challenge the qualifications of a person to hold the office of sheriff rests with the superior courts. 1980 Op. Att'y Gen. No. U80-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 396 et seq.

C.J.S.

- 29 C.J.S., Elections, § 419 et seq.

Cases Citing O.C.G.A. § 21-2-523

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Rhonda J. Martin v. Fulton Cnty. Bd. of Reg. & Elections, 307 Ga. 193 (Ga. 2019).

Cited 10 times | Published | Supreme Court of Georgia | Oct 31, 2019

...December 20, 2018 filing deadline for motions; a January 9, 2019 hearing date for motions; and a January 17, 2019 trial date. Petitioners did not object to that timeline, which set the trial date 7 The case was reassigned in accordance with OCGA § 21-2-523 (d), which provides that “[i]f the administrative judge is a member of the circuit in which the [election contest] proceeding was filed” — which was the case here — “then the administrative judge shall select an administrative j...
...a litany of specific statutory directives — including procedures designed to expedite time-sensitive election contests. Those directives include that a trial judge presiding over an election contest “shall promptly begin presiding over such proceedings,” OCGA § 21-2-523 (e) (emphasis supplied); may schedule hearings “as ....
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Williams v. Heard, 302 Ga. 114 (Ga. 2017).

Cited 5 times | Published | Supreme Court of Georgia | Sep 13, 2017 | 805 S.E.2d 1

...We conclude that Heard’s challenge to the primary election is now moot, and we therefore vacate the trial court’s order and remand this case for the contest action to be dismissed. We further conclude that because the trial judge did not meet the requirements of OCGA § 21-2-523 (b) to preside over this action, upon remand, a judge meeting such requirements must be selected to preside over entry of the dismissal. Heard and Williams were candidates in a primary election on May 24, 2016, for a seat on the Baker County Board of Education....
...But because we direct that the pending contest action be dismissed by the court below, we must consider the third question in part — whether Judge Ellerbee qualifies to preside over this matter on remand. We hold that he does not so qualify, and that a different judge, who satisfies the requirements of OCGA § 21-2-523, must be selected to preside. OCGA § 21-2-523 (b) provides: “The superior court having jurisdiction of a contest case governed by this article shall be presided over *117by a superior court judge or senior judge.” (Emphasis supplied.) When we consider the meaning of a statute, w...
...ules of grammar. (Citations and punctuation omitted.) Deal v. Coleman, 294 Ga. 170, 172-173 (1) (a) (751 SE2d 337) (2013). In applying these principles with reference to the rules of English grammar and in the context of the beginning phrase in OCGA § 21-2-523 (b), that only superior courts have jurisdiction over election contests, the phrase “superior court judge or senior judge” must be read to require that either a superior court judge or a senior superior court judge preside over contes...
...on held by superior court judges. See Ga. L. 1976, pp. 586, 593; OCGA §§ 47-8-1, 47-8-40, and 47-8-41. Even as early as 1945, a judge of the superior court who desired to resign could accept appointment as a senior judge. See OCGA § 47-8-60. OCGA § 21-2-523, governing jurisdiction and proceedings in election contest cases, was enacted in 1964....
...status for state court judges, probate court judges, and juvenile court judges, is now found in OCGA § 15-1-9.3. See Ga. L. 1998, pp. 513, 535-536. In sum, when the legislature used *118the phrase “superior court judge or senior judge” in OCGA § 21-2-523, there was no statutory provision allowing senior judge status for juvenile court judges. Decided September 13, 2017. McCall Williams, Henry E....
...Raulerson, for Karen Tabb, Trudy Spears, and Tommy Rogers. The order appointing Judge Ellerbee to preside over this matter designates him as a senior juvenile judge.2 He was therefore not eligible to preside over this case.3 For this reason, upon remand, in compliance with OCGA § 21-2-523, a superior court judge or senior superior court judge must be selected to preside over the dismissal of this contest action. Judgment vacated and case remanded with direction. All the Justices concur. Heard amended her petition on Ju...
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Littlejohn v. Cleland, 308 S.E.2d 186 (Ga. 1983).

Cited 4 times | Published | Supreme Court of Georgia | Nov 2, 1983 | 251 Ga. 597

...Littlejohn appealed to the Fulton Superior Court, which set the matter for a hearing de novo. The Fulton Superior Court then contacted the senior judge of the Stone Mountain Judicial Circuit, the adjacent circuit, to preside over the matter pursuant to OCGA § 21-2-523 (Code Ann. § 34-1704). Since the senior judge was unable to hear the matter at the time scheduled, the Governor was notified, and he appointed another judge in the Stone Mountain Judicial Circuit to hear the matter pursuant to OCGA § 21-2-523 (c) (Code Ann....
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Schmitz v. Barron, Dir., 863 S.E.2d 121 (Ga. 2021).

Cited 2 times | Published | Supreme Court of Georgia | Sep 21, 2021 | 312 Ga. 523

...In particular, we disagree with his contention that Swain does not apply because Roberts was not named as a defendant in the petition contesting the election in this case. As Schmitz rightly points out, in Swain, the party who was not served was listed as a District pursuant to OCGA § 21-2-523....
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Hilliard v. Baldwin, 710 S.E.2d 143 (Ga. 2011).

Cited 1 times | Published | Supreme Court of Georgia | May 16, 2011 | 289 Ga. 213, 2011 Fulton County D. Rep. 1471

...h she was an unsuccessful candidate. We conclude the challenge to the primary election is now moot and dismiss the appeal. Appellant filed the election contest on August 18, and a judge was appointed to hear and decide the election contest. See OCGA § 21-2-523(c)-(e)....