Extent of jurisdiction over primary contest.

- In a contest of a the primary election, trial court's jurisdiction is limited strictly to the primary, and the court is not authorized to interfere with the holding of the subsequent general election. Smiley v. Gaskin, 115 Ga. App. 547, 154 S.E.2d 740 (1967).

What contestant must show.

- If the contestant can sustain charges, or enough of them to cast doubt upon whether the election was fairly and lawfully conducted, it should be voided and another held. If the contestant cannot, the election should stand. Nichols v. Acree, 112 Ga. App. 287, 145 S.E.2d 92 (1965).

Persons who may compete in rerun.

- The ordering of a rerun of a primary, after a contest in a race is sustained, is no reason for permitting other persons, who were not properly qualified to run in the contested primary, to qualify and compete in the rerun. Ingram v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977).

Overruling of a general demurrer (since abolished) to an election contest proceeding is appealable. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).

Improperly cast ballots must affect race in question.

- Where contestant established that 131 absentee ballots were not properly cast in the general election, but the contestant did not establish that any of the improper absentee ballots were cast in the contested race, the contestant was unable to place in doubt the result of the election, and the trial court correctly found in favor of the winner as certified by the county superintendent of election. Bailey v. Colwell, 263 Ga. 111, 428 S.E.2d 570 (1993).

Cited in Broome v. Martin, 111 Ga. App. 51, 140 S.E.2d 500 (1965); Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968); Lowe v. Weltner, 118 Ga. App. 635, 164 S.E.2d 919 (1968); Henderson v. County Bd. of Registration & Elections, 126 Ga. App. 280, 190 S.E.2d 633 (1972); Carroll v. Cates, 134 Ga. App. 10, 213 S.E.2d 120 (1975); Miller v. Kilpatrick, 140 Ga. App. 193, 230 S.E.2d 328 (1976); Hammill v. Valentine, 258 Ga. 603, 373 S.E.2d 9 (1988); Haynes v. Wells, 273 Ga. 106, 538 S.E.2d 430 (2000); Fuller v. Thomas, 284 Ga. 397, 667 S.E.2d 587 (2008).

Voters in rerun election.

- When a rerun of an election is ordered by a judge of the superior court as a result of the sustaining of an election contest, the rerun election should be limited to those voters who were qualified to vote in the original election. 1985 Op. Att'y Gen. No. 85-14.

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 432.

C.J.S.

- 29 C.J.S., Elections, § 517 et seq.

ALR.

- Constitutionality, construction, and application of statute which declares a defeated candidate for nomination ineligible as a candidate at general election, or prohibits printing his name on official ballot, 143 A.L.R. 603.

Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A.L.R. 677.