O.C.G.A.

O.C.G.A. § 21-2-9 (2019)

Date of election for offices

✓ 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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(a) 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. (b) 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. (c) 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. (d) 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.

History

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, § 34802, 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.

Annotations

Law reviews. For article, “Elections: Elections and Primaries Through the Pandemic,” see 37 Ga. St. U.L. Rev. 241 (2020). For note, “The Case of the Vanishing Supreme Court Contest: Barrow v. Raffensperger Eliminates the Power of the People to Elect their Appellate, Superior, and State Court Judges,” see 72 Mercer L. Rev. 957 (2021).

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 Ga. App. LEXIS 1166 (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 Ga. LEXIS 126 (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 Ga. LEXIS 314 (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, § 303.

C.J.S. 29 C.J.S., Elections, § 144 et seq.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1992–2022 · leading case: Barrow v. Raffensperger (two Cases), 308 Ga. 660 (Ga. 2020).

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Barrow v. Raffensperger (two Cases), 308 Ga. 660 (Ga. 2020). · cites it 6× “See OCGA § 21-2-9 (b) (“Justices of the Supreme Court .”

Scott K. Camp v. Ryan Christopher Williams, 314 Ga. 699 (Ga. 2022). · cites it 4× “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.”

Clark v. Deal (& Vice Versa), 785 S.E.2d 524 (Ga. 2016). · cites it 4× “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.”

Perdue v. Palmour, 600 S.E.2d 370 (Ga. 2004). · cites it 4× “[7] See OCGA §§ 21-2-9; 21-2-138; 21-2-150. [8] At the time of the decision in Hooper v.”

Jolley v. Grantham, 424 S.E.2d 362 (Ga. Ct. App. 1992). · cites it 2× “…USCA § 973 (b). Sheriffs are elected in the “November election next preceding the expiration of the term of office.” OCGA § 21-2-9.”

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.