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2018 Georgia Code 21-2-529 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-529 Case Law from Google Scholar Amendments to OCGA 21-2-529

TITLE 21 ELECTIONS

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

ARTICLE 13 CONTESTED ELECTIONS AND PRIMARIES

21-2-529. Liability for costs; methods of collecting.

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.

(Code 1933, § 34-1710, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 324, 325.

C.J.S.

- 29 C.J.S., Elections, § 536 et seq.

ALR.

- Costs or reimbursement for expenses incident to election contest or recount, 106 A.L.R. 928.

JUDICIAL DECISIONS

Cited in McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80 (2007).

Cases Citing O.C.G.A. § 21-2-529

Total Results: 2  |  Sort by: Relevance  |  Newest First

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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

...*81 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 all costs in accordance with OCGA § 21-2-529....
...ed therein are true, that according to the best of his or her knowledge and belief the contested result of the primary or election is illegal and the return thereof incorrect, and that the petition to contest the same is made in good faith. [3] OCGA § 21-2-529 provides: The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively....
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Davis v. Dunn, 690 S.E.2d 389 (Ga. 2010).

Cited 7 times | Published | Supreme Court of Georgia | Mar 1, 2010 | 286 Ga. 582, 2010 Fulton County D. Rep. 522

...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. First, the statutory scheme for election contests already contemplates the allocation of costs when one party prevails over the other (see OCGA § 21-2-529) and I believe that provision is sufficient to deter any untoward abuse by contestants in election cases without this Court opening up the imposition of attorney fees under OCGA § 9-15-14....