O.C.G.A.

O.C.G.A. § 36-4-3 (2019)

Form and marking of ballots; number of votes required to authorize removal

✓ 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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At the election, the form of the ballot and the procedure for marking the ballot shall be as provided in Chapter 2 of Title 21, the ‘‘Georgia Election Code.’’ The ballot for such election shall have written or printed thereon the following: ‘‘[ ] YES Shall the county site of [ ] NO be moved to ?’’

County

In any such referendum election, all persons desiring to vote in favor of moving the county site shall vote ‘‘Yes,’’ and those persons desiring to vote against moving the county site shall vote ‘‘No.’’ If two-thirds of the votes cast at the election are in favor of removal, the General Assembly next convening after the election may provide for the removal of the county site by appropriate legislation.

History

Ga. L. 1878-79, p. 44, § 3; Code 1882, § 508z; Civil Code 1895,

§ 393; Civil Code 1910, § 488; Code 1933, § 23-503; Ga. L. 1987, p. 3, § 36.

History of Code section. - The language of this Code section is derived in

part from the decision in Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897).

Annotations

JUDICIAL DECISIONS Voter must designate place preferred. - It is necessary not only that the voter voting for the removal of the county site should state upon the ballot ‘‘for removal,’’ but also that the voter should

designate thereon the particular place to which the voter desires the county seat removed. Wells v. Ragsdale, 102 Ga. 53, 29 S.E. 165 (1897); Cheney v. Ragan, 151 Ga. 735, 108 S.E. 30 (1921).

RESEARCH REFERENCES C.J.S. - 20 C.J.S., Counties, § 97 et seq.