The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election is confirmed, the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and, if the judgment is against the defendant or the result of the primary or election is set aside, he or she shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise.
(Code 1933, § 34-1710, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 26 Am. Jur. 2d, Elections, § 327.
C.J.S.- 29 C.J.S., Elections, § 561 et seq.
ALR.
- Costs or reimbursement for expenses incident to election contest or recount, 106 A.L.R. 928.
JUDICIAL DECISIONS
Cited in McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80 (2007).
ARTICLE 14 SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
Cross references.
- Special elections pertaining to prohibition of package sales of distilled spirits in counties and municipalities, § 3-4-40 et seq.
Special elections in counties and municipalities pertaining to authorization of sale of distilled spirits by private clubs, § 3-7-41.
Registration of voters for special primaries and elections, § 21-2-228.
Circumstances giving rise to special primary or election, § 21-2-504.
Conducting of recall elections in same manner as special elections, § 21-4-14.