§ § 21-2-113Chief executive and county executive committees

Each political body shall establish and maintain a chief executive committee exercising jurisdiction and control over body affairs in the area of the state in which it operates and a county executive committee exercising county-wide jurisdiction and control over body affairs in each county in which the body operates if it operates in two or more counties. A body may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the chief executive committee. Each committee shall be presided over by a chairperson and shall have a secretary and such other officers as deemed advisable.

The chief executive committee of each political body shall formulate, adopt, and promulgate rules and regulations, consistent with law, governing the conduct of conventions and other body affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairperson, have been filed with the Secretary of State.

The respective county executive committees of each political body shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the chief executive committee, governing the conduct of conventions and other body affairs. No such rule or regulation shall be effective until a copy thereof, certified by the chairperson, has been filed with the superintendent of the county.

Whenever a municipal executive committee of a political party is established, such committee shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the State Election Board and the state executive committee, governing the conduct of primaries, conventions, and other party affairs within the municipality. No such rule and regulation shall be effective until copies thereof, certified by the chairperson, have been filed with the clerk of the municipality.

Article 4 Selection and Qualification of Candidates and
Presidential Electors

PART 1 General Provisions

PART 2 Political Party and Nonpartisan Primaries

PART 3 Nomination and Qualification of Independent Candidates, Candidates of Political Bodies, and Presidential Electors

PART 4 Nomination of Candidates of Political   Bodies for State-Wide Public   Office by Convention

Law reviews.

For article, “SB 202: Revisions to Georgia’s Election and Voting Procedures,” see 38 Ga. St. U.L. Rev. 105 (2021).

JUDICIAL DECISIONS

Editor’s notes.

In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 34-19 are included in the annotations for this article.

Nomination by primary or by petition not unconstitutional. —

Georgia has not violated the equal protection clause of the Fourteenth Amendment by making available two alternative paths for nomination of candidates, neither of which can be assumed to be inherently more burdensome than the other. Jenness v. Fortson, 403 U.S. 431,

91 S. Ct. 1970

,

29 L. Ed. 2

d 554, 1971 U.S. LEXIS 24 (1971).

Right to endorse candidates generally. —

Any political organization, however new or however small, is free to endorse any otherwise eligible person as its candidate for whatever elective public office it chooses. McCrary v. Poythress, 638 F.2d 1308, 1981 U.S. App. LEXIS 19337 (5th Cir.), cert. denied, 454 U.S. 865,

102 S. Ct. 325

,

70 L. Ed. 2

d 165, 1981 U.S. LEXIS 3671 (1981).

Election void when conducted with complete disregard for law. —

While failure to observe some of the requirements of the provisions of this former article might be mere irregularities not rendering the election void, when the election is conducted with an absolute and complete disregard for the law contained in that article, the election is void. Williams v. Cox,

214 Ga. 354

,

104 S.E.2d 899

, 1958 Ga. LEXIS 423 (1958) (decided under former Code 1933, Ch. 34-19).

OPINIONS OF THE ATTORNEY GENERAL

Editor’s notes.

In light of the similarity of the provisions, opinions under former Code 1933, Ch. 34-10 are included in the annotations for this article.

Offices of Savannah city court and municipal court judge are county offices.

1970 Op. Att'y Gen. No. 70-124.

If special election fails, offices of justice of peace and constable are filled by election

rather than appointment. 1969 Op. Att'y Gen. No. 69-59 (decided under former Code 1933, Ch. 34-10).

PART 1 General Provisions

21-2-130.  Procedures for qualification of candidates generally.

21-2-131.  Fixing and publishing of qualification fees; manner of payment; distribution of fees paid.

21-2-132.  Filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper’s affidavit and qualifying petition for exemption from qualifying fee; military service.

21-2-132.1.  Certification of presidential electors for independent candidate for President or Vice President of the United States; qualification.

21-2-133.  Giving notice of intent of write-in candidacy; filing of affidavit; limitations on candidacy; certification of candidates.

21-2-134.  Withdrawal, death, or disqualification of candidate for office; return of qualifying fee; nomination certificate.

21-2-135.  Designation of specific office sought where office has multiple officeholders with same title.

21-2-136.  Restriction on number of offices for which an individual may be nominated or be a candidate at any one election.

21-2-137.  Qualifying with two political parties; qualifying as independent or political body candidate and as political party candidate.

21-2-138.  Nonpartisan elections for judicial offices.

21-2-139.  Nonpartisan elections authorized; conduct.

21-2-140.  [Repealed] Mandatory drug testing for candidates.

Law reviews.

For note on the 2001 amendments to this part, see 18 Ga. St. U. L. Rev. 96 (2001).

JUDICIAL DECISIONS

Editor’s notes.

In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-111 are included in the annotations for this part.

Reservation of power by city as to voter and candidate qualifications. —

Where contract between city and county authorized county to conduct a “valid election” but specifically reserved in city the power to render decisions “concerning the qualifications of electors, candidates and other matters involving factual or legal questions,” county board of registration and elections did not have authority to issue a resolution recommending that appellant be disqualified. Campbell v. Fulton County Bd. of Registration & Elections,

249 Ga. 845

,

295 S.E.2d 80

, 1982 Ga. LEXIS 948 (1982) (decided under former Code 1933, § 34A-111).

OPINIONS OF THE ATTORNEY GENERAL

Notice of intention need not be given in advance by write-in candidate in special election.

1969 Op. Att'y Gen. No. 69-59 (decided prior to enactment of O.C.G.A. 21-2-133).

RESEARCH REFERENCES

ALR.

Construction and application of statutes and ordinances concerning establishment of residency as condition for running for municipal office, 74 A.L.R.6th 209.