Conduct of Political Party Primaries

1. Law
2. Georgia Code
3. Elections
4. Elections and Primaries Generally
5. Selection and Qualification of Candidates and Presidential Electors
6. Political Party and Nonpartisan Primaries
7. Conduct of Political Party Primaries

1. A political party shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 21-2-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot.
2. The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections. Primaries of all political parties shall be conducted jointly.

(Code 1933, § 34-1005, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1004, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1983, p. 1190, § 9; Ga. L. 1984, p. 133, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 12; Ga. L. 2005, p. 253, § 19/HB 244; Ga. L. 2012, p. 995, § 8/SB 92.)

Editor's notes.

- Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.

Law reviews.

- For note on the 2001 amendment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).

JUDICIAL DECISIONS

Cited in Georgia Socialist Workers Party v. Fortson, 315 F. Supp. 1035 (N.D. Ga. 1970); Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).

OPINIONS OF THE ATTORNEY GENERAL

Qualifying fee of unqualified candidate not refundable.

- The qualifying fee of a candidate who, subsequent to the payment of the fee, is held to be unqualified to run for the office may not be refunded to the candidate. 1983 Op. Att'y Gen. No. 83-38.

Limitation on listing party affiliation on ballot.

- A candidate in an election may not list party affiliation on the ballot unless the candidate has been nominated in a primary or unless the candidate falls within certain statutory exceptions to this rule. 1970 Op. Att'y Gen. No. U70-120.

It is possible to hold a special primary at the same time as the general primary. 1970 Op. Att'y Gen. No. U70-120.

Only the judge of the probate court may call a special primary. 1970 Op. Att'y Gen. No. U70-128.

Reelection of Supreme Court Justice appointed to fill vacancy.

- When the Governor appoints to fill a vacancy on the Supreme Court, the appointee must stand for reelection in the nonpartisan judicial primary and also during the next general election in November, which is more than six months after his or her appointment. 1992 Op. Att'y Gen. No. U92-7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 225 et seq.

C.J.S.

- 29 C.J.S., Elections, § 198 et seq.

ALR.

- Constitutionality of statute relating to power of committee or officials of political party, 62 A.L.R. 924.

State court jurisdiction over contest involving primary election for member of Congress, 68 A.L.R.2d 1320.

Validity of percentage of vote or similar requirements for participation by political parties in primary elections, 70 A.L.R.2d 1162.

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