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2018 Georgia Code 21-2-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 21-2-9 Case Law from Google Scholar Amendments to OCGA 21-2-9

TITLE 21 ELECTIONS

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

ARTICLE 1 GENERAL PROVISIONS

21-2-9. Date of election for offices.

  1. The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, district attorneys, members of the General Assembly, and county officers not elected pursuant to Code Section 21-2-139 shall be elected in the November election next preceding the expiration of the term of office.
  2. Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, and county judicial officers, offices of local school boards, and nonpartisan offices elected pursuant to Code Section 21-2-139 shall be elected in the nonpartisan general election next preceding the expiration of the term of office.
  3. All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections. In addition, the municipality shall immediately transmit a copy of such notice to the Secretary of State.
  4. Whenever a municipal general primary or election is held in conjunction with the general primary or November general election in even-numbered years, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election, and the time specified for the holding of any runoff necessary shall be the same as specified for general elections.

(Orig. Code 1863, §§ 1245, 1265, 1266, 1267, 1268, 1270, 1274; Code 1868, §§ 1326, 1346, 1347, 1348, 1349, 1351, 1355; Ga. L. 1869, p. 22, §§ 1, 2; Ga. L. 1872, p. 29, § 2; Ga. L. 1872, p. 80, § 8; Code 1873, §§ 1305, 1319, 1320, 1321, 1323, 1327; Code 1882, §§ 1305, 1319, 1320, 1321, 1323, 1327; Ga. L. 1894, p. 40, § 1; Civil Code 1895, §§ 83, 97, 98, 99, 101, 105; Ga. L. 1898, p. 42, § 1; Ga. L. 1898, p. 43, § 1; Civil Code 1910, §§ 97, 111, 112, 113, 115, 119; Ga. L. 1913, p. 135, § 1; Ga. L. 1914, p. 47, § 1; Code 1933, §§ 34-2302, 34-2401, 34-2602, 34-2603, 34-2701, 34-2705; Ga. L. 1957, p. 102, § 1; Ga. L. 1957, p. 117, § 1; Code 1933, § 34-802, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1978, p. 1004, § 15; Ga. L. 1983, p. 884, § 6-3; Ga. L. 1986, p. 855, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 4/HB 244; Ga. L. 2008, p. 817, § 1/HB 1098; Ga. L. 2012, p. 995, § 1/SB 92.)

The 2008 amendment, effective July 1, 2008, added the last sentence in subsection (b).

The 2012 amendment, effective July 1, 2012, in subsection (a), deleted "Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts," following "members of Congress," and inserted "not elected pursuant to Code Section 21-2-139" near the end; added present subsection (b); redesignated former subsection (b) as present subsection (c); and added subsection (d).

JUDICIAL DECISIONS

An election is absolutely void when not held at proper time and place by persons qualified to hold it. Smiley v. Gaskin, 115 Ga. App. 547, 154 S.E.2d 740 (1967).

Election of justices of the peace (now magistrates) and constables was a general state election. Rose v. State, 107 Ga. 697, 33 S.E. 439 (1899).

Quo warranto denied challenging appointment of judges.

- Trial court's denial of the challenger's petition for a writ of quo warranto was affirmed because the newly created positions on the Georgia Court of Appeals qualified as vacancies under Ga. Const. 1983, Art. VI, Sec. VII, Para. III; thus, the governor had the authority to appoint judges to the vacancies created by amended O.C.G.A. § 15-3-1(a). Clark v. Deal, 298 Ga. 893, 785 S.E.2d 524 (2016).

OPINIONS OF THE ATTORNEY GENERAL

Reelection of Supreme Court Justice appointed to fill vacancy.

- When the Governor appoints to fill a vacancy on the Supreme Court, the appointee must stand for reelection in the nonpartisan judicial primary and also during the next general election in November, which is more than six months after his or her appointment. 1992 Op. Att'y Gen. No. U92-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 299.

C.J.S.

- 29 C.J.S., Elections, § 141 et seq.

Cases Citing O.C.G.A. § 21-2-9

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Barrow v. Raffensperger (two Cases), 308 Ga. 660 (Ga. 2020).

Cited 24 times | Published | Supreme Court of Georgia | May 14, 2020

...term of six years, beginning on January 1 of the year following their election. To implement this provision, a nonpartisan election for that term must be held in the year at the end of which the incumbent Justice’s existing term will expire. See OCGA § 21-2-9 (b) (“Justices of the Supreme Court ....
...giving appointments precedence over elections: the 1983 Constitution does not exempt appointed Justices from elections, but it does say expressly and specifically when an appointed Justice must face election. To put this point in statutory terms, as noted earlier, OCGA § 21-2-9 (b) says that Justices “shall be elected in the nonpartisan general election next preceding the expiration of the term of office.” When an incumbent Justice vacates his or her office before his or her term ends, the date of “expira...
...Appointment is, in fact, “constitutionally inferior.” The majority seems to indicate that the provisions regarding appointment prevail over the more general provisions regarding election. That is contrary to both the Constitution and prior case authority. OCGA § 21-2-9 (b): Justices of the Supreme Court, ....
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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

...OCGA §§ 21-2-131 (c) (1); 21-2-132 (e) (5); 21-2-134 (e); 21-2-137; 21-2-138; 21- 2-153 (c) (1) (D), (d) (1); 21-2-153.1 (c), (e); 21-2-154 (a), (b); 21-2-155; 21-2-171 (a). Many others refer to the qualifying process with words like  “qualify,” OCGA §§ 21-2-9 (d); 21-2-130; 21-2-132 (d) (5), (j) (1); 21-2- 132.1 (b); 21-2-134 (b) (1) (B), (b) (1) (C), (b) (1) (D); 21-2-137; 21-2-153 (a) (1) (B), (b), (c), (f), (g) (1); 21-2-153.1 (a), (c); 21-2-157 (b); 21-2-214 (b); 21-2-217 (a);...
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Perdue v. Palmour, 600 S.E.2d 370 (Ga. 2004).

Cited 8 times | Published | Supreme Court of Georgia | Jul 13, 2004 | 278 Ga. 217, 2004 Fulton County D. Rep. 2410

...Ultimately, Vines, Hurley, and Finster were joined as party plaintiffs, Governor Perdue was made a party defendant, and a counterclaim for declaratory judgment by Payne was denominated a cross-claim against Governor Perdue. [6] See OCGA § 9-4-2(a) & (b). [7] See OCGA §§ 21-2-9; 21-2-138; 21-2-150....
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Clark v. Deal (& Vice Versa), 298 Ga. 893 (Ga. 2016).

Cited 7 times | Published | Supreme Court of Georgia | Apr 26, 2016 | 785 S.E.2d 524

...The terms of all judges thus elected shall begin the next January 1 after their election. All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by local law. Likewise, OCGA § 21-2-9 (b) provides that Court of Appeals judges “shall be elected in the nonpartisan general election next preceding the expiration of the term of office.” However, Art....