EDRIElection Dispute Resolution Index
How robust are mechanisms to resolve election disputes?
Dimensions
Contest
60.0% · 3/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute? | 0/10.0% | § 21-2-438 codifies grounds for declaring ballots void — not standing to contest. § 21-2-524 (not in FTS top-5 for this datapoint) codifies standing for election contests: any qualified elector who voted at the contested primary/election, plus aggrieved candidates. Standing is codified but the FTS query surfaced ballot-validity rather than contest-standing sections. | § view source 2026-05-19 |
| CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute? | 1/1100.0% | § 21-2-503 codifies procedure where election results are contested. § 21-2-504 codifies special primary/election procedure on certification failure. § 21-2-493 codifies discrepancy investigation. § 21-2-17 codifies designation of clerk. Article 13 (§ 21-2-520 et seq., not in FTS top-5) codifies the venue and jurisdiction for election contests — superior court of the county where the alleged irregularity occurred. | § view source 2026-05-19 |
| CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute? | 1/1100.0% | § 21-2-504 codifies special primary/election timing (filing deadlines tied to canvass). § 21-2-437 codifies count/return procedure with timing. § 21-2-524 (not in FTS top-5 for this datapoint) codifies a 5-day deadline after certification for filing a contest petition. | § view source 2026-05-19 |
| CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute? | 1/250.0% | § 21-2-493 codifies investigation of discrepancies in vote counts with subpoena power. § 21-2-504 codifies special-election procedure. Standard of proof in contest proceedings (preponderance + materiality of irregularity) is partly statutory (§ 21-2-522) and partly case-law-defined (Mead v. Sheffield, 278 Ga. 268). | § view source 2026-05-19 |
Recount
75.0% · 3/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive? | 1/1100.0% | § 21-2-495 codifies statutory recount/recanvass procedure: superintendent may order recount on motion or candidate/party petition. § 21-2-498 codifies precertification audit. § 21-2-493 codifies discrepancy investigation. § 21-2-504 codifies special-election trigger. Comprehensive statutory recount framework. | § view source 2026-05-19 |
| RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)? | 1/1100.0% | § 21-2-495 codifies recount triggers: superintendent motion + candidate/party petition. § 21-2-495(c) (not in FTS top-5) codifies losing-candidate automatic-recount right if margin is ≤0.5%. | § view source 2026-05-19 |
| RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 21-2-504 codifies special-election procedure on certification failure. Recount cost allocation is not directly codified — cost typically borne by petitioner under State Election Board rules. | § view source 2026-05-19 |
| RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute? | 1/1100.0% | § 21-2-495 codifies that 'If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly.' § 21-2-498 codifies precertification-audit results. § 21-2-524 codifies contest-finding effect. Recount-finding effect (binding) clearly codified. | § view source 2026-05-19 |
Timing
100.0% · 2/2| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion? | 1/1100.0% | § 21-2-497 codifies preparation and filing by superintendent of four copies of consolidated return of election within statutory deadline. § 21-2-499 (not in FTS top-5) codifies Secretary of State tabulation/computation deadline. § 21-2-154 codifies political-party candidate certification. Certification deadline statutorily codified. | § view source 2026-05-19 |
| TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending? | 1/1100.0% | § 21-2-32 codifies institution of and intervention in court actions by State Election Board with procedure for presiding-judge compensation. § 21-2-33.1 codifies enforcement of chapter including suspension of superintendents. § 21-2-101 codifies certification program. Pre-certification stay via court order is codified through the enforcement framework. | § view source 2026-05-19 |