§ 21-2-523. Jurisdiction and General Pretrial Proceedings; Notification of Proceedings; Selecting Administrative Judge; Compensation of Presiding Judge
A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides, except that a municipal contest case shall be tried and determined by the superior court of the county where the city hall is located. A contest case challenging the eligibility of the […]
§ 21-2-524. Filing and Allegations of Petition to Contest Primary or Election; Service of Petition; Verification; Notice of Proceedings to Answer Petition; Service of Special Process; Amendment
A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the official consolidation of the returns of that particular office or question and certification thereof by the election official having responsibility for taking such action […]
§ 21-2-525. Hearing; Powers of Court Generally
Within 20 days after the return day fixed in the notice as provided in subsection (a) of Code Section 21-2-524 to the defendant, the presiding judge shall fix a place and time for the hearing of the contest proceeding. Such judge may fix additional hearings at such other times and places as are necessary to […]
§ 21-2-526. Trial by Jury
All issues of a contest shall be fully tried and determined by the court without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case; and the court shall determine that it is an issue which […]
§ 21-2-527. Pronouncement of Judgment; Effect of Finding of Misconduct by Poll Officers; Calling of Second Primary, Election, or Runoff by Court Upon Finding of Defects
After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that qualified candidate who received the requisite number of votes and shall pronounce judgment accordingly; and the clerk of the superior court shall certify such determination to the […]
§ 21-2-527.1. Right of Parties to Object to Settlement; Court Approval
No settlement of any case under this article shall become effective unless: All parties to such case have been given an opportunity to object to such settlement before the court; and The court has approved such settlement. History. Code 1981, § 21-2-527.1 , enacted by Ga. L. 1987, p. 1050, § 2; Ga. L. 1998, […]
§ 21-2-528. Appeals From Court’s Determination on Contest Petition
An appeal from the final determination of the court may be taken within ten days from the rendition thereof as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the appellate court for a stay or supersedeas, and such court […]
§ 21-2-529. Liability for Costs; Methods of Collecting
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 […]
§ 21-2-520. Definitions
As used in this article, the term: “Contestant” means any person or persons entitled under Code Section 21-2-521 to contest the result of any primary or election. “Defendant” means: The person whose nomination or election is contested; The person or persons whose eligibility to seek any nomination or office in a run-off primary or election […]
§ 21-2-521. Primaries and Elections Which Are Subject to Contest; Persons Who May Bring Contest
The nomination of any person who is declared nominated at a primary as a candidate for any federal, state, county, or municipal office; the election of any person who is declared elected to any such office (except when otherwise prescribed by the federal Constitution or the Constitution of Georgia); the eligibility of any person declared […]