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2018 Georgia Code 21-2-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-8 Case Law from Google Scholar Amendments to OCGA 21-2-8

TITLE 21 ELECTIONS

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

ARTICLE 1 GENERAL PROVISIONS

21-2-8. Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent.

No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority of a municipality shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent.

(Code 1933, § 34-107, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p. 930, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 1; Ga. L. 2005, p. 253, § 3/HB 244.)

Cross references.

- Persons not eligible to hold office, Ga. Const. 1983, Art. II, Sec. II, Para. III.

Eligibility and qualifications of persons for public office generally, Ch. 2, T. 45.

Vacating of state office upon conviction of officer for felony, § 45-5-2 and Ga. Const. 1983, Art. II, Sec. III.

Editor's notes.

- Ga. L. 1983, p. 930, § 1, not codified by the General Assembly, provided: "It is the intent of this Act to implement certain changes required by Article II, Section I, Paragraph III and Article II, Section II, Paragraph III of the Constitution of the State of Georgia."

JUDICIAL DECISIONS

Cited in Hutto v. Rowland, 226 Ga. 889, 178 S.E.2d 180 (1970); Ingram v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977).

OPINIONS OF THE ATTORNEY GENERAL

Effect of indictment.

- Indictment alone would not disqualify person as candidate for public office. 1968 Op. Att'y Gen. No. 68-102.

Privacy Act of 1974 (Pub. L. 93-579) does not alter the powers conferred or obligations imposed by Ga. L. 1964, Ex. Sess., p. 26, § 1 (see O.C.G.A. § 21-2-8). 1976 Op. Att'y Gen. No. 76-6.

Minimization of privacy invasions.

- The command of the Georgia Crime Information Center Act, Ga. L. 1973, p. 1301, to minimize invasions of privacy requires that disseminations of criminal history records to the State Election Board be limited to records of conviction of one of the classes of offenses enumerated in Ga. L. 1964, Ex. Sess., p. 26, § 1 (see O.C.G.A. § 21-2-8). 1975 Op. Att'y Gen. No. 75-144.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 247 et seq.

C.J.S.

- 29 C.J.S., Elections, § 236, 237.

ALR.

- Violation of liquor law as infamous crime or offense involving moral turpitude, 40 A.L.R. 1048, 71 A.L.R. 217.

Pardon as restoring public office or license or eligibility therefor, 58 A.L.R.3d 1191.

Cases Citing O.C.G.A. § 21-2-8

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Grogan v. City of Dawsonville, 823 S.E.2d 763 (Ga. 2019).

Cited 27 times | Published | Supreme Court of Georgia | Feb 4, 2019 | 305 Ga. 79

...rights. Unlike the appellant in Joiner, who was afforded no due process prior to his removal, see id. at 209, 702 S.E.2d 194, Grogan was afforded an evidentiary hearing prior to the City's decision to remove him from office. Grogan next cites OCGA § 21-2-8 to argue that he may be disqualified from seeking a political office in the future if he does not **87clear his name....
...restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. OCGA § 21-2-8. The statute plainly requires that a person (1) have been convicted and sentenced (2) in any court of competent jurisdiction for (3) certain enumerated offenses before he or she is disqualified from office. In this case, the ordinary meaning of the phrase "has been convicted and sentenced" as used in OCGA § 21-2-8 signifies an adjudication of a criminal offense....
...758, 758, 670 S.E.2d 388 (2008) (following a murder trial, "[t]he **88trial court entered judgments of conviction and sentences in accordance with the jury's verdicts and recommendations"). Moreover, when the General Assembly enacted the precursor to OCGA § 21-2-8, it specifically enacted a statutory caption: "Section 34-107....
...e may be consulted only if the statute is ambiguous). Given the plain meaning of the text, including the codified statutory caption, and the context in which "convicted" and "sentenced," when paired together, are typically used, the meaning of OCGA § 21-2-8 requires a conviction and sentence for a criminal offense before someone is disqualified from office....
...nce and malfeasance in office; a conviction shall be punished as a misdemeanor; and, upon a conviction, the accused shall be removed from office). Because Grogan was not "convicted and sentenced" of a criminal offense, he would not be barred by OCGA § 21-2-8 from holding political office in the future....
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Pel Asso, Inc. v. Joseph, 427 S.E.2d 264 (Ga. 1993).

Cited 17 times | Published | Supreme Court of Georgia | Mar 18, 1993 | 262 Ga. 904, 93 Fulton County D. Rep. 1150

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Scott K. Camp v. Ryan Christopher Williams, 314 Ga. 699 (Ga. 2022).

Cited 11 times | Published | Supreme Court of Georgia | Sep 30, 2022

...ection.).3 Of course, an otherwise eligible candidate can lose eligibility under certain circumstances — which, depending on the situation, is sometimes described in terms of ineligibility and sometimes in terms of disqualification. See OCGA §§ 21-2-8, 21-2-133 (d); 45-2-1 (ineligibility); OCGA §§ 21-2-8, 21-2-134 (d)-(e), 21-2-153 (d) (2) (disqualification).4 3 In other contexts, the Election Code sometimes uses the word “eligible” to refer to the mere potential to hold office, see OCGA §§ 21-2-153 (b) (2), (e) (7); 21-2-15...
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In Re Inquiry Concerning Judge Robertson, 596 S.E.2d 2 (Ga. 2004).

Cited 4 times | Published | Supreme Court of Georgia | Apr 19, 2004 | 277 Ga. 831, 2004 Fulton County D. Rep. 1400

...e Robertson's two general court martials and convictions under the provisions of the Uniform Code of Military Justice (UCMJ) constituted felony convictions involving crimes of moral turpitude affecting his eligibility to hold public office. See OCGA § 21-2-8....
...e instanter. Removed from office. All the Justices concur. NOTES [1] The Judicial Qualifications Commission alleged violations of Article II, Section II, Paragraph III of the Georgia Constitution (eligibility for public office); OCGA §§ 21-2-6 and 21-2-8 (candidate eligibility and qualifications) and OCGA § 45-2-1 (eligibility of a public officer) as well as violation of Canons One (judges should uphold the integrity and independence of the judiciary) and Two (judges should avoid impropriety...
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Schmitz v. Barron, Dir., 863 S.E.2d 121 (Ga. 2021).

Cited 2 times | Published | Supreme Court of Georgia | Sep 21, 2021 | 312 Ga. 523

Grogan v. City of Dawsonville (Ga. 2019).

Published | Supreme Court of Georgia | Feb 4, 2019 | 312 Ga. 523

...appellant his due process rights. Unlike the appellant in Joiner, who was afforded no due process prior to his removal, see id. at 209, Grogan was afforded an evidentiary hearing prior to the City’s decision to remove him from office. Grogan next cites OCGA § 21-2-8 to argue that he may be disqualified from seeking a political office in the future if he does not clear his name....
...he completion 16 of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. OCGA § 21-2-8. The statute plainly requires that a person (1) have been convicted and sentenced (2) in any court of competent jurisdiction for (3) certain enumerated offenses before he or she is disqualified from office. In this case, the ordinary meaning of the phrase “has been convicted and sentenced” as used in OCGA § 21-2-8 signifies an adjudication of a criminal offense....
...State, 284 Ga. 758, 758 (670 SE2d 388) (2008) (following a murder trial, “[t]he trial court entered judgments of conviction and sentences in accordance with the jury’s verdicts and recommendations”). Moreover, when the General Assembly enacted the precursor to OCGA § 21-2-8, it specifically enacted a statutory caption: “Section 34-107....
...be consulted only if the statute is ambiguous). Given the plain meaning of the text, including the codified statutory caption, and the context in which “convicted” and “sentenced,” when paired together, are typically used, the meaning of OCGA § 21-2-8 requires a conviction and sentence for a criminal offense before someone is disqualified from office....
...misfeasance and malfeasance in office; a conviction shall be punished as a misdemeanor; and, upon a conviction, the accused shall be removed from office). Because Grogan was not “convicted and sentenced” of a criminal offense, he would not be barred by OCGA § 21-2-8 from holding political office 19 in the future....