It shall be the duty of the election superintendent of the county or the municipality, as the case may be, to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.
(Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2305, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 2; Ga. L. 2017, p. 820, § 2/HB 485.)
Editor's notes.- Ga. L. 2017, p. 820, § 1/HB 485, effective May 9, 2017, reenacted this Code section without change.
JUDICIAL DECISIONS
This section requires only that the ordinary (election superintendent) shall receive returns of election held and ascertain and immediately declare result thereof. No method or manner by which the ordinary may determine and announce result of election is provided; and there is no provision in the statutes for a contest or other hearing before the ordinary. It is clear that the acts of the ordinary were not judicial, but were ministerial or administrative, and that they are not reviewable by certiorari. Brockett v. Maxwell, 73 Ga. App. 663, 38 S.E.2d 176 (1946).
RESEARCH REFERENCES
Am. Jur. 2d.
- 45 Am. Jur. 2d, Intoxicating Liquors, § 77.
C.J.S.- 48 C.J.S., Intoxicating Liquors, §§ 129, 130.