O.C.G.A.

O.C.G.A. § 21-2-72 (2019)

Primary and election records to be open to public

✓ 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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Except when otherwise provided by law or court order, the primary and election records of each superintendent, registrar, municipal governing authority, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in official custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county or municipality during usual business hours at any time when they are not necessarily being used by the custodian or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection shall only be in the presence of the

ELECTIONS & PRIMARIES

custodian or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. The custodian shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested.

History

Code 1933, § 34-403, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p. 347, § 6; Ga. L. 1982, p. 437, §§ 1, 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 7/HB 244.

Annotations

Cross references. Penalty for willful refusal by superintendent to permit public inspection of election records, § 21-2-585. Opening of public records for inspection by public generally, § 50-18-70 et seq.

RESEARCH REFERENCES Am. Jur. 2d. 20 Am. Jur. 2d, Courts, § 22 et seq. 26 Am. Jur. 2d, Elections, § 271 et seq.

C.J.S. 29 C.J.S., Elections, §§ 113 et seq., 444 et seq.