provided, however, that, in the event that a special election to fill a federal or state office on a date other than the dates provided in this paragraph has been scheduled and it is possible to hold a special election to fill a vacancy in a county, municipal, or school board office in conjunction with such special election to fill a federal or state office, the special election to fill such county, municipal, or school board office may be held on the date of and in conjunction with such special election to fill such federal or state office provided all other provisions of law regarding such elections are met.
(Code 1933, §§ 34-806, 34-1314, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 308, § 35; Ga. L. 1969, p. 329, § 8A; Ga. L. 1984, p. 1, § 14; Ga. L. 1984, p. 638, § 3; Ga. L. 1986, p. 382, § 6; Ga. L. 1986, p. 1538, § 3; Ga. L. 1991, p. 316, § 1; Ga. L. 1994, p. 1406, § 27; Ga. L. 1996, p. 145, § 21; Ga. L. 1997, p. 590, § 42; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, §§ 43, 44; Ga. L. 2005, p. 253, § 64/HB 244; Ga. L. 2008, p. 131, § 1/HB 296; Ga. L. 2010, p. 914, § 25/HB 540; Ga. L. 2012, p. 995, §§ 41, 42/SB 92; Ga. L. 2014, p. 1, § 8/HB 310; Ga. L. 2017, p. 2, § 3/HB 42.)
The 2017 amendment, effective February 23, 2017, added the proviso at the end of paragraph (c)(1).
Cross references.- Special elections in counties and municipalities pertaining to authorization of sale of distilled spirits by the drink, § 3-4-90 et seq.
Authorization of sale of distilled spirits by private clubs, § 3-7-40.
Administrative Rules and Regulations.- Calls for primaries and elections, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates of Primaries and Elections, § 183-1-8-.01.
Law reviews.- For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014).
JUDICIAL DECISIONS
Cited in City of Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 34-1904 are included in the annotations for this Code section.
Applicability to rerun of election.
- The provisions of O.C.G.A. § 21-2-540, concerning special elections, do not apply to the rerun of an election ordered by a superior court judge based upon the sustaining of an election contest. 1984 Op. Att'y Gen. No. U84-49.
Dates controlled by general legislation.
- O.C.G.A. § 21-2-540 establishes by general legislation the only appropriate dates upon which referendum elections may be held, and any contradictory local legislation passed during the same session of the General Assembly would not be operative as to the setting of such an election date. 1991 Op. Att'y Gen. U91-23.
Time period may not be varied by local Act.- A provision of a local Act requiring that a special election be held before the expiration of 29 days between the call of the election and election itself is invalid. 1980 Op. Att'y Gen. No. 80-27.
Special election to fill a vacancy must be held within a reasonable time, in the absence of a specific time limit. 1969 Op. Att'y Gen. No. 69-514.
Vacancy in office existing for six years can be filled by special election.- A vacancy in the office of justice of the peace (now magistrate), notwithstanding the fact that it has existed for some six years, can lawfully be filled by the call of a special election. 1967 Op. Att'y Gen. No. 67-435.
Probate judge calls special primary.- While the Georgia Election Code does not specify the exact method of calling a special primary, the judge of the probate court is the officer generally having jurisdiction of primaries and the judge is the proper person to call a special primary. 1970 Op. Att'y Gen. No. U70-128.
It is possible to hold a special primary at the same time as the general primary. 1970 Op. Att'y Gen. No. U70-120.
School bond election called by county education board may be held concurrently with general election. 1965-66 Op. Att'y Gen. No. 65-9.
Former liquor referendum provision controls.
- In the event of a conflict between former Code 1933, §§ 58-1003, and 34-806 (see now O.C.G.A. § 21-2-540), concerning the date for holding a liquor referendum, former Code 1933, § 58-1003 controlled. 1979 Op. Att'y Gen. No. 79-23.
Applicable time period.- Thirty-days (now 29-days) provision of this section should be followed notwithstanding the shorter time periods prescribed by pre-1964 laws as to certain offices. 1968 Op. Att'y Gen. No. 68-426.
Listing of party affiliation on ballot.- A candidate in an election may not list a 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.
Filling unexpired term of Commissioner of Labor.- Since the Commissioner of Labor is routinely elected at the same time as the Governor and holds his or her office for the same term, an election which must be held to fill the balance of the unexpired term after the Commissioner withdraws is one "that arises from some exigency or special need outside the usual routine," which would be categorized as a "special election" under Georgia law. The Georgia Election Code certainly authorizes, but does not require, a special primary in this situation. 1992 Op. Att'y Gen. No. 92-11.
Houston County.
- Where the local law creating the board of commissioners for Houston County, as amended, provides that, with regard to vacancies occurring more than one year prior to the expiration of the term of office, the vacancy "shall be filled by a special election called by the election superintendent of Houston County in the same manner as in the case to fill vacancies in other county offices . . .," the general law relating to the filling of a vacancy on the county commission is not applicable, and the special election to fill the vacancy in the office of county commissioner should be conducted pursuant to the general special election provisions of the Georgia Election Code, O.C.G.A. §§ 21-2-540 and21-2-541, as is the case with vacancies in other county offices where there is no specific provision which applies. 1990 Op. Att'y Gen. No. U90-9.
Vacancies in offices of mayor and council members for City of Willacoochee.- Vacancies in the offices of mayor and council members for the City of Willacoochee should be filled by special election held on a statutorily authorized date and not by appointment of the remaining members of the city council. 2008 Op. Att'y Gen. No. U2008-3.
Prospective resignation of member of Congress does not become effective until the date named therein and no writ of election to fill the vacancy may issue until that date. 1945-47 Op. Att'y Gen. p. 241 (decided under former Code 1933, § 34-1904).
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Elections, § 4; 26 Am. Jur. 2d, Elections, § 270 et seq.
C.J.S.- 29 C.J.S., Elections, §§ 144 et seq., 212.
ALR.
- Validity of special election as affected by publication or dissemination of matter or information, extrinsic to the question as submitted, regarding nature or effect of the proposal, 122 A.L.R. 1142.