O.C.G.A.

O.C.G.A. § 21-2-90 (2019)

Appointment of chief manager and assistant managers

✓ 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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All elections and primaries shall be conducted in each polling place by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each polling place shall be appointed by the superintendent. If the political parties involved elect to do so, they may submit to the superintendent, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent shall make each appointment by entering an order which shall remain of record in the appropriate office and shall make such order available for public inspection upon request. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve.

History

Code 1933, § 34-501, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 4; Ga. L. 1970, p. 347, § 9; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295,

§ 1; Ga. L. 2005, p. 253, § 9/HB 244; Ga. L. 2010, p. 914, § 2/HB 540; Ga. L. 2011, p. 683, § 2/SB 82; Ga. L. 2012, p. 995, § 4/SB 92.

Annotations

JUDICIAL DECISIONS New election managers not required. - Trial court properly denied two challengers’ petition contesting a city’s general election as the challengers failed to show fraud, misconduct, irregularity, or illegality; a new election manager was not

required for each election; a jury trial was not warranted in the matter; and there was no basis shown to set aside the results of the runoff election. Fuller v. Thomas, 284 Ga. 397, 667 S.E.2d 587, 2008 Ga. LEXIS 807 (2008).

OPINIONS OF THE ATTORNEY GENERAL Appointment of persons not on parties’ lists. - The superintendent may appoint persons to serve as managers who are not on political parties’ lists and not affiliated with the parties, and if the superintendent also appoints some qualified

persons from the lists, the superintendent must assure, insofar as the superintendent is able, that the parties have equal representation on the boards. 1974 Op. Att’y Gen. No. U74-39.

RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Elections, § 85 et seq.

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

Notes of Decisions

Cited in 2 cases, 2008–2008 · leading case: Fuller v. Thomas, 667 S.E.2d 587 (Ga. 2008).

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Fuller v. Thomas, 667 S.E.2d 587 (Ga. 2008). · cites it 2× “…contrary to this assertion, the city council is not required to appoint a new election manager for each election. See OCGA § 21-2-90.”

Lewis v. O'DAY, 667 S.E.2d 594 (Ga. 2008). · cites it 2× “See OCGA § 21-2-90 et seq. The poll manager testified that both Calloway and the election superintendent for Toombs County were accessible on voting day for any questions that arose and that, in her experience, election superintendents are never on site at the polling precinct…”

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.