Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail to take that office validly, the authority with whom the candidates for such nomination or office file notice of candidacy shall call a special primary or election to fill such position. If a special primary will not be held and unless otherwise provided by law, the call of a special election shall be made within 45 days after the occurrence of the vacancy. Whenever any person elected to municipal public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his or her office and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special election to fill such vacancy. Cross references. Special elections and primaries generally, § 21-2-540 , et seq. Administrative rules and regulations. Calls for primaries and elections, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates of Primaries and Elections, § 183-1-8-.01. Article 13 Contested Elections and Primaries 21-2-520. Definitions. 21-2-521. Primaries and elections which are subject to contest; persons who may bring contest. 21-2-522. Grounds for contest. 21-2-522.1. Rebuttable presumption of legal vote in contested election. 21-2-523. Jurisdiction and general pretrial proceedings; notification of proceedings; selecting administrative judge; compensation of presiding judge. 21-2-524. Filing and allegations of petition to contest primary or election; service of petition; verification; notice of proceedings to answer petition; service of special process; amendment. 21-2-525. Hearing; powers of court generally. 21-2-526. Trial by jury. 21-2-527. Pronouncement of judgment; effect of finding of misconduct by poll officers; calling of second primary, election, or runoff by court upon finding of defects. 21-2-527.1. Right of parties to object to settlement; court approval. 21-2-528. Appeals from court’s determination on contest petition. 21-2-529. Liability for costs; methods of collecting. Law reviews. For note, “Georgia Election Contest Procedures,” see 22 Ga. St. B. J. 44 (1985). JUDICIAL DECISIONS Georgia Election Code provides liberal rules for the contesting of elections and strict penalties for violations. Hollifield v. Vickers, 118 Ga. App. 229 , 162 S.E.2d 905 , 1968 Ga. App. LEXIS 1361 (1968). State courts have jurisdiction to recount ballots cast in congressional contests. — The courts of this state have jurisdiction of a proceeding brought under the provisions of the Georgia Election Code to obtain a recount of all or a portion of the ballots cast in an election for a representative to either house in the Congress. Blackburn v. Hall, 115 Ga. App. 235 , 154 S.E.2d 392 , 1967 Ga. App. LEXIS 1074 (1967). To cast doubt on an election it is only necessary to show: (1) electors voted in the particular contest being challenged; and (2) a sufficient number of them were not qualified to vote so as to cast doubt on the election. Taggart v. Phillips, 242 Ga. 454 , 249 S.E.2d 245 , 1978 Ga. LEXIS 1249 (1978). Contest moot. — A challenge to primary election results by an unsuccessful candidate was moot and subject to dismissal where the candidate did not seek to advance case so that the candidate’s challenge was docketed and considered before the general election. Payne v. Chatman, 267 Ga. 873 , 485 S.E.2d 723 , 1997 Ga. LEXIS 154 (1997); Caplan v. Hattaway, 269 Ga. 582 , 501 S.E.2d 195 , 1998 Ga. LEXIS 574 (1998). RESEARCH REFERENCES ALR. Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A.L.R. 677 . Admissibility of parol evidence of election officials to impeach election returns, 46 A.L.R.2d 1385.
§ § 21-2-504Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officer-elect to qualify
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