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HB182.html
01 LC 10 3288

House Bill 182
By: Representatives Birdsong of the 123rd and Holmes of the 53rd




A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to provide that in any general primary where an unopposed candidate is seeking party nomination for a public office, where such candidate´s name appears on the primary ballot but such candidate fails to receive a single vote, such candidate shall not be nominated for such public office and such party shall not have a candidate for that public office on the ballot in the ensuing general election; to change certain provisions relating to procedures as to unopposed candidates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by adding at the end of Part 2 of Article 4, relating to political party and nonpartisan primaries, a new Code Section 21-2-158 to read as follows:
"21-2-158.
In any general primary where an unopposed candidate is seeking party nomination for a public office, where such candidate´s name appears on the primary ballot but such candidate fails to receive a single vote, such candidate shall not be nominated for such public office and such party shall not have a candidate for that public office on the ballot in the ensuing general election."

SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 21-2-291, relating to procedure as to unopposed candidates, and inserting in lieu thereof a new Code Section 21_2-291 to read as follows:
"21_2_291.
Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write_in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each Except as provided in Code Section 21-2-158, each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21_2_493."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.