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2018 Georgia Code 21-2-528 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-528 Case Law from Google Scholar Amendments to OCGA 21-2-528

TITLE 21 ELECTIONS

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

ARTICLE 13 CONTESTED ELECTIONS AND PRIMARIES

21-2-528. Appeals from court's determination on contest petition.

An appeal from the final determination of the court may be taken within ten days from the rendition thereof as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the appellate court for a stay or supersedeas, and such court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases.

(Code 1933, § 34-1709, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1997, p. 590, § 41; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 60; Ga. L. 2016, p. 883, § 3-7/HB 927.)

The 2016 amendment, effective January 1, 2017, deleted "to the Supreme Court" following "thereof" in the first sentence and substituted "appellate court" for "Supreme Court" in the third sentence. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"

Ga. L. 2016, p. 883, § 6-1/HB 927, not codified by the General Assembly, provides that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 205 (2016).

JUDICIAL DECISIONS

Election contest is a civil case. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).

What contestant must show.

- If the contestant can sustain the 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).

Appeal of contestant to city council election dismissed as moot.

- The appeal of a contestant to a city council election was dismissed as moot because the contestant failed to move to expedite consideration of an appeal in view of an impending election, and the Supreme Court of Georgia finally heard the appeal after the election had already occurred and the term of office for the seat at issue had expired. Allen v. Yost, 282 Ga. 865, 655 S.E.2d 580 (2008).

Appeal from order dismissing challenge to school board election dismissed as moot.

- Because the losing party to an election as the party seeking review of an election for representative to the Griffin-Spalding County board of education had the obligation to exercise the mechanisms available to produce a timely result, specifically by seeking a stay of the trial court's order to maintain the status quo or request an order of supersedeas, an appeal from the trial court's order denying a challenge to the election results was dismissed as moot. Kendall v. Delaney, 282 Ga. 482, 651 S.E.2d 685 (2007).

Appeal from order dismissing challenge to primary election dismissed as moot.

- Because the record showed that an unsuccessful candidate in a primary election waited nearly a month and a half to challenge that election, request a stay of the general election, or petition the Supreme Court of Georgia for an expedited appeal, the mootness doctrine applied to the challenge requiring dismissal of the appeal. McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80 (2007).

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).

Cited in Payne v. Chatman, 267 Ga. 873, 485 S.E.2d 723 (1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 433, 434.

C.J.S.

- 29 C.J.S., Elections, § 522 et seq.

Cases Citing O.C.G.A. § 21-2-528

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Payne v. Chatman, 485 S.E.2d 723 (Ga. 1997).

Cited 16 times | Published | Supreme Court of Georgia | Apr 28, 1997 | 267 Ga. 873, 97 Fulton County D. Rep. 1433

...This legislation provides an important procedural framework for the prompt resolution of election contests, including initiation *725 and notice of an election contest (OCGA § 21-2-524), a timely hearing (OCGA § 21-2-525) and an appeal from the final decision of the trial court (OCGA § 21-2-528)....
...ion of the judgement and by allowing an appellate court in deciding an election contest case to consider applications for stays or supersedeas "without regard to whether any notice of appeal has been filed or the record docketed in such cases." OCGA § 21-2-528....
...ore than one general election. It is also important that decisions concerning election of officials not be delayed so that elected officials can take their stations in a timely manner. In this case, appellant ignored the procedures set forth in OCGA § 21-2-528 and this Court's practice of granting expedited consideration of election cases and instead followed the general rules of appellate procedure in seeking to resolve the issues in his primary election dispute....
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McCreary v. Martin, 642 S.E.2d 80 (Ga. 2007).

Cited 11 times | Published | Supreme Court of Georgia | Feb 26, 2007 | 281 Ga. 668

...the dismissal and a stay of the general election. Statutes providing for election contests are premised on the recognition that election-related appeals must be timely considered. Jordan v. Cook, 277 Ga. 155, 156, 587 S.E.2d 52 (2003). In fact, OCGA § 21-2-528 [4] allows a request for extraordinary relief from this Court even prior to the filing of a notice of appeal or the docketing of the record in an appeal from a final determination in an election contest....
...d, if the judgment is against the defendant or the result of the primary or election is set aside, he or she shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise. [4] OCGA § 21-2-528 states: An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court as in other civil cases....
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Parham v. Stewart, 839 S.E.2d 605 (Ga. 2020).

Cited 7 times | Published | Supreme Court of Georgia | Feb 28, 2020 | 308 Ga. 170

...judicial determination.” Randolph County v. Johnson, 282 Ga. 160, 160 (646 SE2d 261) (2007). Citing policy reasons and relying on this Court’s holding in Kendall, supra, Appellee argues that, because Appellant failed to seek a stay or supersedeas pursuant to OCGA § 21-2-528,4 her challenge to the result of the general election is now moot....
...taken place,” (citation and punctuation omitted) Dawkins-Haigler v. Anderson, 301 Ga. 27, 27 (799 SE2d 180) (2017), we have routinely decided general election challenges on the merits, regardless of whether a stay or supersedeas was requested or obtained.5 Indeed, 4 OCGA § 21-2-528 states as follows: An appeal from the final determination of the [trial] court may be taken within ten days from the rendition thereof as in other civil cases....
...of Registration and Elections, 307 Ga. 193 (835 SE2d 245) (2019); Scoggins, supra; Fuller v. Thomas, 284 Ga. 397 (667 SE2d 587) (2008); Hunt v. Crawford, 270 Ga. 7 (507 SE2d 723) (1998); 4 the permissive language of OCGA § 21-2-528, wherein a party “may apply to the appellate court for a stay or supersedeas,” does not jeopardize the legal remedy requested by Appellant — i.e., a ruling declaring the general election result invalid....
...lar ballots, or a specific number of voters who voted illegally,” and “[t]hat number, 7 To the extent that Scoggins implies that a general election challenge will be moot if a party fails to seek a stay or supersedeas pursuant to OCGA § 21-2-528, it is disapproved....
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Caplan v. Hattaway, 501 S.E.2d 195 (Ga. 1998).

Cited 7 times | Published | Supreme Court of Georgia | Jun 1, 1998 | 269 Ga. 582, 98 Fulton County D. Rep. 1850

...ased upon a lack of evidence casting doubt upon the outcome of the November 4th election." *196 Afterwards, Ms. Caplan neither prepared a written order for entry by the trial court nor applied to this Court for a stay or supersedeas pursuant to OCGA § 21-2-528....
...contest in the trial and appellate courts. Payne v. Chatman, 267 Ga. 873, 875, 485 S.E.2d 723 (1997). In accordance therewith, an appeal becomes moot if the contested election has been held and the "appellant ignored the procedures set forth in OCGA § 21-2-528 and this Court's practice of granting expedited consideration of election cases...." Payne v....
...Here, the written order denying injunctive relief was not entered until December 3, 1997 and, thus, Ms. Caplan could not have filed her notice of appeal until some time after the run-off election was held. However, OCGA § 21-2-527 provides for the trial court's "pronouncement of judgment" in election contest cases and OCGA § 21-2-528 further provides that the appellant may apply for a stay or supersedeas "without regard to whether any notice of appeal has been filed or the record docketed in such cases." "Pronouncement" means "orally announced." State v....
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Scoggins v. Collins, 701 S.E.2d 134 (Ga. 2010).

Cited 6 times | Published | Supreme Court of Georgia | Sep 20, 2010 | 288 Ga. 26, 2010 Fulton County D. Rep. 3012

...for which appellants timely sought both an expedited appeal and supersedeas. See OCGA § 21-2-524(a) (petition timely if filed within five days of official consolidation of returns or within five days of certification of results after recount); OCGA § 21-2-528 (allowing request for extraordinary relief even prior to filing of notice of appeal or docketing of the record)....
...Our precedent is clear and unequivocal on this issue. Statutes providing for election contests are premised on the recognition that election-related appeals must be timely considered. Jordan v. Cook, 277 Ga. 155, 156, 587 S.E.2d 52 (2003). In fact, OCGA § 21-2-528 allows a request for extraordinary relief from this Court even prior to the filing of a notice of appeal or the docketing of the record in an appeal from a final determination in an election contest....
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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

...It is also important that decisions concerning election of officials not be delayed so that elected officials can take their stations in a timely manner. 267 Ga. at 877. Although Heard argues that as the appellee in this action she was without the remedy provided to an appellant under OCGA § 21-2-528, she did not avail herself of any extraordinary or expedited relief in the trial court or this Court....
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Dawkins-Haigler v. Anderson, 301 Ga. 27 (Ga. 2017).

Cited 5 times | Published | Supreme Court of Georgia | Apr 17, 2017 | 799 S.E.2d 180

...Indeed, “[t]he established rule in Georgia is that a primary election contest becomes moot after the general election has taken place.” Payne v. Chatman, 267 Ga. 873, 875 (485 SE2d 723) (1997). See also Jordan, 277 Ga. at 156 (collecting cases). While “OCGA § 21-2-528 allows a request for extraordinary relief from this Court even prior to the filing of a notice of appeal or the docketing of the record in an appeal from a final determination in an election contest,” see McCreary v....
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Kendall v. Delaney, 651 S.E.2d 685 (Ga. 2007).

Cited 3 times | Published | Supreme Court of Georgia | Oct 9, 2007 | 282 Ga. 482, 2007 Fulton County D. Rep. 3057

...irregularities. Kendall filed a notice of appeal on December 27, 2006. That same day, Delaney was sworn into office. Kendall did not apply for a stay of the trial court's order to maintain the status quo, or request an order of supersedeas. See OCGA § 21-2-528....
...ble upon the timely and proper invocation of the applicable provisions of the Election Code. [Cit.] Id. Accordingly, Delaney's motion to dismiss is granted, and Kendall's appeal is dismissed. Appeal dismissed. All the Justices concur. NOTES [1] OCGA § 21-2-528 states: An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court as in other civil cases....
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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

...certified as the winner of the general election. Statutes providing for election contests are premised on the recognition that election-related appeals must be timely considered. Jordan v. Cook, 277 Ga. 155, 156, 587 S.E.2d 52 (2003). In fact, OCGA § 21-2-528 allows a request for extraordinary relief from this Court even prior to the filing of a notice of appeal or the docketing of the record in an appeal from a final determination in an election contest....