Grounds for Contest

  1. Law
  2. Georgia Code
  3. Elections
  4. Elections and Primaries Generally
  5. Contested Elections and Primaries
  6. Grounds for Contest

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A result of a primary or election may be contested on one or more of the following grounds:

  1. Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;
  2. When the defendant is ineligible for the nomination or office in dispute;
  3. When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;
  4. For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; or
  5. For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election.

(Code 1933, § 34-1703, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1986, p. 772, § 6; Ga. L. 1993, p. 617, § 10; Ga. L. 1995, p. 1027, § 16; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 261, § 1/SB 456.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34A-1501 and former Code Section 21-3-422 are included in the annotations for this Code section.

Requirements for invalidating election.

- The governing authority of a municipality may not declare an election void unless a proper petition contesting the election has been filed and a hearing has been conducted at which sufficient evidence to void the election has been produced. 1985 Op. Att'y Gen. No. 85-17 (decided under former § 21-3-422).

Recognition of prior valid acts.

- Municipality may treat election ordered as result of failure of prior election as a continuation of that prior election, recognizing those acts validly conducted. 1976 Op. Att'y Gen. No. 76-23 (decided under former Code 1933, § 34A-1501).

Determination of candidate's qualifications.

- It is not the responsibility of a judge of the probate court, or a county board of elections, to determine the qualifications of a candidate in a general or special election, nor does the Georgia Election Code grant authority to either a judge of the probate court or a county board of elections to make a factual determination as to the eligibility of a potential candidate. 1976 Op. Att'y Gen. No. 76-90.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 389, 390.

C.J.S.

- 29 C.J.S., Elections, § 435 et seq.

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.

Effect of irregularities or defects in primary petitions - State cases, 14 A.L.R.6th 543.


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