23 LC 28 0588
H. B. 595
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House Bill 595
By: Representative DeLoach of the 167
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
primaries and elections generally, so as to revise the manner of holding certain primaries and2
elections; to provide for the dates of such primaries and elections; to provide for the setting3
of qualifying fees; to provide for the manner and method of qualifying candidates; to provide4
for the forms of ballots; to provide for the conduct of such primaries and elections; to provide5
for the determination of successful candidates; to provide for certifications and contests; to6
provide for related matters; to provide for an effective date; to repeal conflicting laws; and7
for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and11
elections generally, is amended by adding a new article to read as follows:12 23 LC 28 0588
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"ARTICLE 1613
21-2-701.14
Notwithstanding any provision of law to the contrary, all elections to fill expiring terms of15
federal, state, and county offices in this state shall be conducted in accordance with this16
article.17
21-2-702.18
There shall be a general primary held on the Tuesday after the first Monday in August of19
each even-numbered year followed by a general election held on the Tuesday after the first20
Monday in November of each even-numbered year to elect candidates for federal, state,21
and county offices which are expiring.22
21-2-703.23
Qualifying fees for public offices shall be fixed and published as follows:24
(1)(A) The governing authority of each county, not later than March 1 of any year in25
which a general primary and general election is to be held pursuant to this article, shall26
fix and publish a qualifying fee for each county office to be filled in the upcoming27
primary or election. Except as otherwise provided in subparagraph (B) of this28
paragraph, such fee shall be 3 percent of the total gross salary of the office paid in the29
preceding calendar year, including all supplements authorized by law if a salaried30
office.31
(B) For the offices of clerk of the superior court, judge of the probate court, chief32
magistrate, sheriff, and tax commissioner, the qualifying fee shall be, respectively, 333
percent of the minimum salary specified in subsection (a) of Code Section 15-6-88,34
paragraph (1) of subsection (a) of Code Section 15-9-63, subsection (a) of Code Section35
15-10-23, paragraph (1) of subsection (a) of Code Section 15-16-20, and paragraph (1)36 23 LC 28 0588
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of subsection (b) of Code Section 48-5-183, exclusive of supplements, cost-of-living37
increases, and longevity increases. For the offices of members of the county governing38
authority, the qualifying fee shall be 3 percent of the base salary established by local39
Act of the General Assembly or by Code Section 36-5-25 as adjusted pursuant to Code40
Section 36-5-24, if applicable, exclusive of supplements for training provided for in41
Code Section 36-5-27 and cost-of-living adjustments pursuant to Code Section 36-5-28.42
If not a salaried office, a reasonable fee shall be set by the governing authority of such43
county, such fee not to exceed 3 percent of the income derived from such county office44
by the person holding the office for the preceding year;45
(2) Within the same time limitation as provided in subparagraph (A) of paragraph (1) of46
this Code section, the Secretary of State shall fix and publish a qualifying fee for any47
federal or state candidate qualifying with the Secretary of State. Such fee shall be 348
percent of the annual salary of the office if a salaried office, except that the fee for49
candidates for the General Assembly shall be $400.00. If not a salaried office, a50
reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of51
the income derived from such federal or state office by the person holding the office for52
the preceding year;53
(3) Qualifying fees shall be paid to the election superintendent or the Secretary of State54
at the time the notice of candidacy is filed by a candidate;55
(4)(A) Qualifying fees paid to the county election superintendent shall be transmitted56
as soon as practicable by the superintendent to the governing authority of the county,57
to be applied toward the cost of the primary and election.58
(B) Qualifying fees paid to the Secretary of State shall be transmitted as soon as59
practicable by the Secretary of State as follows: one-third to the state treasury and60
two-thirds divided among the governing authorities of the counties in proportion to the61
population of each county according to the most recent United States decennial census,62
such fees to be applied to the cost of holding the election.63 23 LC 28 0588
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21-2-704.64
(a) Candidates seeking election in the general primary shall comply with the requirements65
of this Code section by the date prescribed and shall by the same date pay to the proper66
authority the qualifying fees prescribed by Code Section 21-2-703 in order to be eligible67
to have their names placed on the general primary ballot.68
(b) All candidates seeking election shall file their notice of candidacy and pay the69
prescribed qualifying fees by the date prescribed in this Code section in the following70
manner:71
(1) Each candidate for a federal or state office, or such candidate's agent, except for72
candidates for presidential electors desiring to have his or her name placed on the general73
primary ballot shall file a notice of candidacy, giving his or her name, residence address,74
and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on75
the first Monday in May immediately prior to the general primary and no later than 12:0076
Noon on the Friday immediately following such Monday, notwithstanding the fact that77
any such days may be legal holidays;78
(2) Each candidate for a county office or an office of a consolidated government, or such79
candidate's agent, desiring to have his or her name placed on the general primary ballot80
shall file a notice of candidacy in the office of the county election superintendent no81
earlier than 9:00 A.M. on the first Monday in May immediately prior to the general82
election and no later than 12:00 Noon on the Friday immediately following such Monday,83
notwithstanding the fact that any such days may be legal holidays; and84
(3) In any case where an incumbent has filed a notice of candidacy and paid the85
prescribed qualifying fee in a general primary to succeed himself or herself in office but86
withdraws as a candidate for such office prior to the close of the applicable qualifying87
period prescribed in this Code section, qualifying for candidates other than such88
incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the89
preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately90 23 LC 28 0588
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following such Monday, notwithstanding the fact that any such days may be legal91
holidays.92
(c) Each elector for President or Vice President of the United States, or his or her agent,93
desiring to have the names of his or her candidates for President and Vice President placed94
on the general election ballot shall file a notice of his or her candidacy, giving his or her95
name, residence address, and the office sought, along with the name of the currently and96
properly registered political party or body or independent candidates for President and Vice97
President with which such candidate for presidential elector is affiliated, in the office of the98
Secretary of State during the period beginning at 9:00 A.M. on the fourth Monday in June99
immediately prior to the election and ending at 12:00 Noon on the Friday following the100
fourth Monday in June, notwithstanding the fact that any such days may be legal holidays.101
(d) Each candidate required by this Code section to file a notice of candidacy shall102
accompany the notice of candidacy with an affidavit stating:103
(1) His or her full name and the name as the candidate desires it to be listed on the ballot.104
The surname of the candidate shall be the surname of the candidate as it appears on the105
candidate's voter registration card unless the candidate provides proof that his or her106
surname as it appears on the candidate's registration card is incorrect, in which event the107
correct name shall be listed. After such name is submitted to the Secretary of State or the108
county election superintendent, the form of such name shall not be changed during the109
election for which such notice of candidacy is submitted;110
(2) His or her residence, with street and number, if any, and his or her post office111
address;112
(3) His or her profession, business, or occupation, if any;113
(4) The name of his or her precinct;114
(5) That he or she is an elector of the county or municipality of his or her residence115
eligible to vote in the election in which he or she is a candidate;116
(6) The name of the office sought;117 23 LC 28 0588
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(7) That he or she is eligible to hold such office;118
(8) That the candidate has never been convicted and sentenced in any court of competent119
jurisdiction for fraudulent violation of primary or election laws, malfeasance in office,120
or felony involving moral turpitude or conviction of domestic violence under the laws of121
this state or any other state or of the United States, or that the candidate's civil rights have122
been restored and that at least ten years have elapsed from the date of the completion of123
the sentence without a subsequent conviction of another felony involving moral turpitude;124
(9) That he or she will not knowingly violate this chapter or rules and regulations125
adopted under this chapter;126
(10) The name of the currently and properly registered political party or body in this127
state, if any, with which such candidate identifies; and128
(11) Any other information as may be determined by the Secretary of State to be129
necessary to comply with federal and state law.130
The affidavit shall contain such other information as may be prescribed by the officer with131
whom the candidate files his or her notice of candidacy.132
(e) A pauper's affidavit may be filed along with a qualifying petition as provided for in133
subsection (f) of this Code section in lieu of paying the qualifying fee otherwise required134
by this Code section and Code Section 21-2-703 of any candidate. A candidate filing a135
pauper's affidavit and petition instead of paying a qualifying fee shall under oath affirm his136
or her poverty and his or her resulting inability to pay the qualifying fee otherwise required.137
The form of the affidavit shall be prescribed by the Secretary of State and shall include a138
financial statement which lists the total income, assets, liabilities, and other relevant139
financial information of the candidate and shall indicate on its face that the candidate has140
neither the assets nor the income to pay the qualifying fee otherwise required. The141
affidavit shall contain an oath that such candidate has neither the assets nor the income to142
pay the qualifying fee otherwise required. The following warning shall be printed on the143
affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person144 23 LC 28 0588
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knowingly making any false statement on this affidavit commits the offense of false145
swearing and shall be guilty of a felony.' The name of any candidate who subscribes and146
swears to an oath that such candidate has neither the assets nor the income to pay the147
qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or148
election superintendent, as the case may be.149
(f) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the150
qualifying fee otherwise required by this Code section and Code Section 21-2-703 unless151
such candidate also timely files a qualifying petition which complies with the following152
requirements:153
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide154
shall be signed by a number of voters equal to one-fourth of 1 percent of the total number155
of registered voters eligible to vote in the last election for the filling of the office the156
candidate is seeking and the signers of such petition shall be registered and eligible to157
vote in the election at which such candidate seeks to be elected. A qualifying petition of158
a candidate for any other office shall be signed by a number of voters equal to 1 percent159
of the total number of registered voters eligible to vote in the last election for the filling160
of the office the candidate is seeking and the signers of such petition shall be registered161
and eligible to vote in the election at which such candidate seeks to be elected. However,162
in the case of a candidate seeking an office for which there has never been an election or163
seeking an office in a newly constituted constituency, the percentage figure shall be164
computed on the total number of registered voters in the constituency who would have165
been qualified to vote for such office had the election been held at the last general166
election and the signers of such petition shall be registered and eligible to vote in the167
election at which such candidate seeks to be elected;168
(2) Each person signing a qualifying petition shall declare therein that he or she is a duly169
qualified and registered elector of the state entitled to vote in the next election for the170
filling of the office sought by the candidate supported by the petition and shall add to his171 23 LC 28 0588
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or her signature his or her residence address, giving municipality, if any, and county, with172
street and number, if any. No person shall sign the same petition more than once. Each173
petition shall support the candidacy of only a single candidate. A signature shall be174
stricken from the petition when the signer so requests prior to the presentation of the175
petition to the appropriate officer for filing, but such a request shall be disregarded if176
made after such presentation. Each sheet shall bear on the bottom or back thereof the177
affidavit of the circulator of such sheet, which shall be subscribed and sworn to by such178
circulator before a notary public and shall set forth:179
(A) His or her residence address, giving municipality with street and number, if any;180
(B) That each signer manually signed his or her own name with full knowledge of the181
contents of the qualifying petition;182
(C) That each signature on such sheet was signed within 180 days of the last day on183
which such petition may be filed; and184
(D) That, to the best of the affiant's knowledge and belief, the signers are registered185
electors of the state qualified to sign the petition, that their respective residences are186
correctly stated in the petition, and that they all reside in the county named in the187
affidavit;188
(3) A qualifying petition shall be in the form and manner determined by the Secretary189
of State and approved by the State Election Board;190
(4) No qualifying petition shall be circulated prior to 180 days before the last day on191
which such petition may be filed, and no signature shall be counted unless it was signed192
within 180 days of the last day for filing the same; and193
(5) A qualifying petition shall not be amended or supplemented after its presentation to194
the appropriate officer for filing.195
No notary public may sign the petition as an elector or serve as a circulator of any petition196
which he or she notarized. Any and all sheets of a petition that have the circulator's197
affidavit notarized by a notary public who also served as a circulator of one or more sheets198 23 LC 28 0588
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of the petition or who signed one of the sheets of the petition as an elector shall be199
disqualified and rejected.200
(g)(1) Notwithstanding any provision of law to the contrary, any elected public officer201
who is performing ordered military duty, as defined in Code Section 38-2-279, shall be202
eligible for reelection in any primary or general election which may be held to elect a203
successor for the next term of office, and may qualify in absentia as a candidate for204
reelection to such office. The performance of ordered military duty shall not create a205
vacancy in such office during the term for which such public officer was elected.206
(2) Where the giving of written notice of candidacy is required, any elected public officer207
who is performing ordered military duty may deliver such notice by mail, agent, or208
messenger to the proper election official. Any other act required by law of a candidate209
may, during the time such officer is on ordered military duty, be performed by an agent210
designated in writing by the absent public officer.211
(h)(1) Not later than 12:00 Noon on the second Monday in August of each year in which212
a presidential election is to be held, each currently and properly registered political party213
or body desiring to have presidential electors shall deliver a certified copy of the names214
of its duly nominated slate of candidates for the office of presidential elector to the215
Secretary of State. Such certification shall be by the highest officer of such party or body216
in this state.217
(2) An independent candidate for the office of President or Vice President of the United218
States shall certify and file with the Secretary of State not later than 12:00 Noon on the219
second Monday in August of the year in which a presidential election is to be held a slate220
of candidates for the office of presidential elector which such independent candidate has221
certified as being the presidential electors for such independent candidate. The222
candidates for presidential electors certified by an independent candidate for the office223
of President or Vice President of the United States shall qualify for election to such office224
in accordance with this Code section. An independent candidate for the office of225 23 LC 28 0588
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President or Vice President of the United States may certify a number of candidates for226
the office of presidential elector that is equal to or less than the number of presidential227
electors who may be elected from the State of Georgia.228
21-2-705.229
(a) At the top of each general primary ballot shall be printed in prominent type the words230
'OFFICIAL GENERAL PRIMARY BALLOT,' followed by the name and designation of231
the precinct for which it is prepared and the date of the general primary.232
(b) The State Election Board shall by rule and regulation determine the appropriate233
wording for directions as to how a vote should be cast on each type of voting equipment234
used in the state and how a new ballot should be issued when a ballot is spoiled.235
(c) Immediately under the directions, the names of all candidates who have qualified in236
accordance with this article and who have been certified as having so qualified shall be237
printed on the ballots. The names of the candidates shall in all cases be arranged under the238
title of the office for which they are candidates and be printed thereunder in alphabetical239
order. The incumbency of a candidate seeking reelection for the public office he or she240
then holds shall be indicated on the ballots. For offices other than judge of a state court,241
judge of a superior court, Judge of the Court of Appeals, Justice of the Supreme Court, and242
those offices which have been made nonpartisan by local Act of the General Assembly243
pursuant to Code Section 21-2-139, following each candidate's name on the ballot shall be244
the designation of the name of the currently and properly registered political party or body245
with which such candidate identifies as specified on such candidate's notice of candidacy.246
Candidates who do not list a political party or body with which they identify on their247
notices of candidacy shall be identified as 'Independent.' Candidates for the office of judge248
of a state court, judge of a superior court, Judge of the Court of Appeals, Justice of the249
Supreme Court, and those offices which have been made nonpartisan by local Act of the250
General Assembly pursuant to Code Section 21-2-139 shall be designated as "Nonpartisan"251 23 LC 28 0588
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and no political party or body designation shall be listed on the ballot. Under the title of252
each office shall be placed a direction as to the number of candidates to be voted for.253
(d) Each ballot shall have printed thereon the following:254
'I understand that the offer or acceptance of money or any other object of value to vote255
for any particular candidate, list of candidates, issue, or list of issues included in this256
election constitutes an act of voter fraud and is a felony under Georgia law.'257
(e) The ballots shall vary in form only as the names of precincts, offices, candidates, or258
this chapter may require.259
21-2-706.260
(a) At the top of each general election ballot shall be printed in prominent type the words261
'OFFICIAL GENERAL ELECTION BALLOT,' followed by the name and designation of262
the precinct for which it is prepared and the date of the election.263
(b)(1) Directions that explain how to cast a vote and how to obtain a new ballot after one264
is spoiled shall appear immediately under this caption on a ballot presenting the names265
of candidates for election to office as specified by the rules and regulations of the State266
Election Board.267
(2) Marks made in violation of these directions shall be disregarded in the counting of268
the votes cast. The names of persons inserted on the ballot by the elector shall be written269
only within the write-in space provided and the insertion of such names outside such270
column or by the use of a sticker, paster, stamp, or other printed or written matter is271
prohibited.272
(c) Immediately under the directions, the names of all candidates who received the273
requisite number of votes in accordance with the requirements of this article shall be274
printed on the ballot and the names of the candidates shall in all cases be arranged under275
the titles of the respective offices they are seeking. The incumbency of a candidate seeking276
election for the public office he or she then holds shall be indicated on the ballot.277 23 LC 28 0588
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Following each candidate's name on the ballot shall be the designation of the name of the278
currently and properly registered political party or body with which such candidate279
identifies as specified on such candidate's notice of candidacy. Candidates who do not list280
a political party or body with which they identify on their notices of candidacy shall be281
identified as 'Independent.' In the case of two or more candidates seeking the same office,282
their names shall be arranged under the title of the office in alphabetical order. For each283
office, there shall be printed a blank sufficient for the insertion of a write-in vote.284
(d) When presidential electors are to be elected, the ballot shall not list the individual285
names of the candidates for presidential electors but shall list the names of each political286
party or body and the names of the candidates of the party or body for the offices of287
President and Vice President of the United States. The individual names or the nominees288
of each political party or body for such offices shall be posted at each polling place289
arranged alphabetically under the names of the candidates of the party or body for290
President and Vice President of the United States. A vote for the candidates for President291
and Vice President of a political party or body shall be deemed to be a vote for each of the292
candidates for presidential electors of such political party or body.293
(e) When proposed constitutional amendments or other questions are submitted to a vote294
of the electors, each amendment or other question so submitted may be printed upon the295
ballot following the groups of candidates for the various offices. Proposed constitutional296
amendments so submitted shall be printed in the order determined by the Constitutional297
Amendments Publication Board and in brief form as directed by the General Assembly298
and, in the event of a failure to so direct, the form shall be determined by the Secretary of299
State and shall include the short title or heading provided for in subsection (c) of Code300
Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or301
questions to be presented to the electors of more than one county so submitted shall be302
printed in brief form as directed by the General Assembly and, in the event of a failure to303
so direct, the form shall be determined by the Secretary of State and shall include a short304 23 LC 28 0588
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title or heading in bold face at the beginning of each such question on the ballot and any305
local questions so submitted shall be printed in brief form as directed by the General306
Assembly and, in the event of a failure to so direct, the form shall be determined by the307
county election superintendent.308
(f) Each ballot shall have printed thereon the following:309
'I understand that the offer or acceptance of money or any other object of value to vote310
for any particular candidate, list of candidates, issue, or list of issues included in this311
election constitutes an act of voter fraud and is a felony under Georgia law.'312
(g) The ballots shall vary in form only as the names of precincts, offices, candidates, or313
this chapter may require.314
21-2-707.315
(a) The general primary and general election shall be conducted on the voting equipment316
provided by the Secretary of State pursuant to Article 8A of this chapter and in accordance317
with the procedures of this chapter and the rules and regulations of the State Election318
Board.319
(b) The ballots shall be counted as provided in this chapter and the rules and regulations320
of the State Election Board.321
(c) In the general primary, the candidates receiving the two highest numbers of votes cast322
shall be placed on the general election ballot; provided, however, that, if a candidate323
receives a majority of the votes cast for the office for which he or she is a candidate, only324
the name of the candidate receiving such majority of the votes cast shall be placed on the325
general election ballot.326
(d) In the general election, the candidate receiving the highest number of votes cast shall327
be deemed elected and eligible to take or be sworn into the office which such candidate328
sought.329 23 LC 28 0588
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(e) The results of the general primary and general election shall be certified in accordance330
the procedures set forth in this chapter.331
(f) Challenges to the qualification of candidates shall be handled in accordance with Code332
Sections 21-2-5 and 21-2-6. Challenges to the general primary and general election shall333
be handled in accordance with Article 13 of this chapter."334
SECTION 2.335
This Act shall become effective upon its approval by the Governor or upon its becoming law336
without such approval.337
SECTION 3.338
All laws and parts of laws in conflict with this Act are repealed.339