O.C.G.A.
O.C.G.A.

O.C.G.A. § 3-4-44 (2019)

Certification of results; payment of expenses

✓ 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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It shall be the duty of the election superintendent of the county or the municipality, as the case may be, to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

History

Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2305, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 2; Ga. L. 2017, p. 820, § 2/HB 485.

Annotations

Editor’s notes. - Ga. L. 2017, p. 820, § 1/HB 485, effective May 9, 2017, reenacted this Code section without change.

JUDICIAL DECISIONS This section requires only that the ordinary (election superintendent) shall receive returns of election held and ascertain and immediately declare result thereof. No method or manner by which the ordinary may determine and announce result of election is provided; and there is no provision in the statutes

for a contest or other hearing before the ordinary. It is clear that the acts of the ordinary were not judicial, but were ministerial or administrative, and that they are not reviewable by certiorari. Brockett v. Maxwell, 73 Ga. App. 663, 38 S.E.2d 176 (1946).

RESEARCH REFERENCES Am. Jur. 2d. - 45 Am. Jur. 2d, Intoxicating Liquors, § 77.

C.J.S. - 48 C.J.S., Intoxicating Liquors, §§ 129, 130.