O.C.G.A.

O.C.G.A. § 21-2-529 (2019)

Liability for costs; methods of collecting

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election is confirmed, the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and, 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.

History

Code 1933, § 34-1710, enacted by Ga. L.

1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 26 Am. Jur. 2d, Elections, § 327.

C.J.S. 29 C.J.S., Elections, § 561 et seq.

ALR. Costs or reimbursement for expenses

incident to election contest or recount, 106 A.L.R. 928.

ARTICLE 14 SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE Cross references. Special elections pertaining to prohibition of package sales of distilled spirits in counties and municipalities, § 3-4-40 et seq. Special elections in counties and municipalities pertaining to authorization of sale of distilled spirits by private clubs, § 3-7-41. Registration of voters for special primaries and elections, § 21-2-228.

Circumstances giving rise to special primary or election, § 21-2-504. Conducting of recall elections in same manner as special elections, § 21-4-14. Law reviews. For article, “SB 202: Revisions to Georgia’s Election and Voting Procedures,” see 38 Ga. St. U.L. Rev. 105 (2021).

Notes of Decisions
Cited in 2 cases, 2007–2010 · leading case: McCreary v. Martin, 642 S.E.2d 80 (Ga. 2007).
McCreary v. Martin, 642 S.E.2d 80 (Ga. 2007). · cites it 4× “Following a hearing, on August 28, 2006, the superior court issued an order granting the motion to dismiss the petition, dismissing Bobbie Burnette and Bobby Burnette as improper party defendants, denying McCreary’s petition for leave to amend, and directing that McCreary pay…”
Davis v. Dunn, 690 S.E.2d 389 (Ga. 2010). · cites it 4× “As far as I am aware, this Court has never approved an award of OCGA § 9-15-14 attorney fees in a judicial election contest and I see no reason to do so today.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.