HB27.html
03 LC 19 5621

House Bill 27
By: Representative Brooks of the 47th




A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for nomination of political party candidates by plurality vote; to provide for related matters; 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, relating to elections and primaries generally, is amended by striking subsection (a) of Code Section 21-2-501, relating to the number of votes required for election, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority plurality of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority plurality of the votes cast, a run_off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run_off primary or special election runoff shall be held on the twenty_first day after the day of holding the preceding primary or special election, provided that, unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty_first day after the day of holding the preceding special primary or special election, which run_off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run_off primary or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write_in candidate eligible for election in a runoff shall be printed on the special election run_off ballot in the independent column. The run_off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned. Only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run_off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run_off primary in violation of Code Section 21_2_224."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.