GA Code § 21-2-501 (2021)
2021 Georgia Code|Title 21 - Elections|Chapter 2 - Elections and Primaries Generally|Article 12 - Returns|§ 21-2-501. Number of Votes Required for Election; Runoff

    Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election or shall take or be sworn into such elected public office unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, 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 runoff shall be held on the twenty-eighth day after the day of holding the preceding general or special primary or general or special election.   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, special primary runoff, run-off election, 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 election or special election run-off ballot in the independent column.   The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who are duly registered to vote and not subsequently deemed disqualified to vote in the runoff 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, special primary runoff, run-off election, 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 or special primary runoff in violation of Code Section 21-2-224.     For the purposes of this subsection, the word "plurality" shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office.   In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order. No elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. 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 such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. The municipality shall give written notice to the Secretary of State of such runoff as soon as such municipality certifies the preceding primary, special primary, election, or special election.   The name of a municipal write-in candidate eligible for election in a municipal runoff shall be printed on the municipal run-off election ballot in the independent column.   In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast.   Except for presidential electors, to be elected to public office in a general election, a candidate must receive a majority of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a majority of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast.    (Code 1933, § 34-1513, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 257, § 2; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1971, p. 602, § 3; Ga. L. 1975, p. 867, § 1; Ga. L. 1979, p. 904, § 1; Ga. L. 1981, p. 1718, § 10; Ga. L. 1983, p. 827, § 2; Ga. L. 1986, p. 855, § 7; Ga. L. 1987, p. 417, § 10; Ga. L. 1994, p. 279, § 11; Ga. L. 1994, p. 1443, § 10; Ga. L. 1996, p. 101, § 4; Ga. L. 1996, p. 145, § 20; Ga. L. 1997, p. 590, § 39; Ga. L. 1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 825, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 17; Ga. L. 2001, p. 240, § 42; Ga. L. 2003, p. 517, § 59; Ga. L. 2005, p. 253, § 63/HB 244; Ga. L. 2008, p. 817, § 7/HB 1098; Ga. L. 2010, p. 914, § 24/HB 540; Ga. L. 2014, p. 1, § 7/HB 310; Ga. L. 2017, p. 2, § 2/HB 42; Ga. L. 2021, p. 14, § 42/SB 202.)    The 2017 amendment,  effective February 23, 2017, added the proviso at the end of paragraph (a)(6); and added the proviso at the end of the second sentence of subsection (c).    The 2021 amendment,  effective March 25, 2021, in paragraph (a)(1), inserted "or shall take or be sworn into such elected public office" near the middle of the first sentence and rewrote the last sentence, which read: "Unless such date is postponed by a court order, such run-off primary, special primary runoff, run-off election, or special election runoff shall be held as provided in this subsection."; deleted former paragraphs (a)(2) through (a)(6), which read: "(2) In the case of a runoff from a general primary or a special primary or special election held in conjunction with a general primary, the runoff shall be held on the Tuesday of the ninth week following such general primary.   "(3) In the case of a runoff from a general election for a federal office or a runoff from a special primary or special election for a federal office held in conjunction with a general election, the runoff shall be held on the Tuesday of the ninth week following such general election.   "(4) In the case of a runoff from a general election for an office other than a federal office or a runoff from a special primary or special election for an office other than a federal office held in conjunction with a general election, the runoff shall be held on the twenty-eighth day after the day of holding the preceding general election.   "(5) In the case of a runoff from a special primary or special election for a federal office not held in conjunction with a general primary or general election, the runoff shall be held on the Tuesday of the ninth week following such special primary or special election.   "(6) In the case of a runoff from a special primary or special election for an office other than a federal office not held in conjunction with a general primary or general election, the runoff shall be held on the twenty-eighth day after the day of holding the preceding special primary or special election; provided, however, that, if such runoff is from a special primary or special election held in conjunction with a special primary or special election for a federal office and there is a runoff being conducted for such federal office, the runoff from the special primary or special election conducted for such other office may be held in conjunction with the runoff for the federal office.", redesignated former paragraphs (a)(7) through (a)(10) as present paragraphs (a)(2) through (a)(5), respectively; in the second sentence of paragraph (a)(5), substituted "who are" for "who were" and substituted "runoff for" for "primary, special primary, election, or special election for" in the second sentence in present paragraph (a)(5); and, in subsection (c), substituted "court order. No elector" for "court order; provided, however, that, in the case of a runoff from a municipal special election that is held in conjunction with a special election for a federal office and not in conjunction with a general primary or general election, the municipality may conduct such runoff from such municipal special election on the date of the special election runoff for the federal office. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector".   Cross references.   - Run-off elections, Ga. Const. 1983, Art. II, Sec. II, Para. II.   Editor's notes.   - Ga. L. 1983, p. 827, § 1, not codified by the General Assembly, provided: "It is the intent of this Act to implement certain changes required by Article II, Section II, Paragraph II of the Constitution of the State of Georgia."   Ga. L. 2021, p. 14, § 1/SB 202, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Election Integrity Act of 2021."'   Ga. L. 2021, p. 14, § 2/SB 202, not codified by the General Assembly, provides: "The General Assembly finds and declares that:   "(1) Following the 2018 and 2020 elections, there was a significant lack of confidence in Georgia election systems, with many electors concerned about allegations of rampant voter suppression and many electors concerned about allegations of rampant voter fraud;   "(2) Many Georgia election processes were challenged in court, including the subjective signature-matching requirements, by Georgians on all sides of the political spectrum before and after the 2020 general election;   "(3) The stress of the 2020 elections, with a dramatic increase in absentee-by-mail ballots and pandemic restrictions, demonstrated where there were opportunities to update existing processes to reduce the burden on election officials and boost voter confidence;   "(4) The changes made in this legislation in 2021 are designed to address the lack of elector confidence in the election system on all sides of the political spectrum, to reduce the burden on election officials, and to streamline the process of conducting elections in Georgia by promoting uniformity in voting. Several examples will help explain how these goals are achieved;   "(5) The broad discretion allowed to local officials for advance voting dates and hours led to significant variations across the state in total number of hours of advance voting, depending on the county. More than 100 counties have never offered voting on Sunday and many counties offered only a single day of weekend voting. Requiring two Saturday voting days and two optional Sunday voting days will dramatically increase the total voting hours for voters across the State of Georgia, and all electors in Georgia will have access to multiple opportunities to vote in person on the weekend for the first time;   "(6) Some counties in 2020 received significant infusions of grant funding for election operations, while other counties received no such funds. Promoting uniformity in the distribution of funds to election operations will boost voter confidence and ensure that there is no political advantage conferred by preferring certain counties over others in the distribution of funds;   "(7) Elections in Georgia are administered by counties, but that can lead to problems for voters in counties with dysfunctional election systems. Counties with long-term problems of lines, problems with processing of absentee ballots, and other challenges in administration need accountability, but state officials are limited in what they are able to do to address those problems. Ensuring there is a mechanism to address local election problems will promote voter confidence and meet the goal of uniformity;   "(8) Elections are a public process and public participation is encouraged by all involved, but the enthusiasm of some outside groups in sending multiple absentee ballot applications in 2020, often with incorrectly filled-in voter information, led to significant confusion by electors. Clarifying the rules regarding absentee ballot applications will build elector confidence while not sacrificing the opportunities for electors to participate in the process;   "(9) The lengthy absentee ballot process also led to elector confusion, including electors who were told they had already voted when they arrived to vote in person. Creating a definite period of absentee voting will assist electors in understanding the election process while also ensuring that opportunities to vote are not diminished, especially when many absentee ballots issued in the last few days before the election were not successfully voted or were returned late;   "(10) Opportunities for delivering absentee ballots to a drop box were first created by the State Election Board as a pandemic response. The drop boxes created by rule no longer existed in Georgia law when the emergency rules that created them expired. The General Assembly considered a variety of options and constructed a system that allows the use of drop boxes, while also ensuring the security of the system and providing options in emergency situations;   "(11) The lengthy nine-week runoffs in 2020 were exhausting for candidates, donors, and electors. By adding ranked choice voting for military and overseas voters, the run-off period can be shortened to a more manageable period for all involved, easing the burden on election officials and on electors;   "(12) Counting absentee ballots in 2020 took an incredibly long time in some counties. Creating processes for early processing and scanning of absentee ballots will promote elector confidence by ensuring that results are reported quickly;   "(13) The sanctity of the precinct was also brought into sharp focus in 2020, with many groups approaching electors while they waited in line. Protecting electors from improper interference, political pressure, or intimidation while waiting in line to vote is of paramount importance to protecting the election system and ensuring elector confidence;   "(14) Ballot duplication for provisional ballots and other purposes places a heavy burden on election officials. The number of duplicated ballots has continued to rise dramatically from 2016 through 2020. Reducing the number of duplicated ballots will significantly reduce the burden on election officials and creating bipartisan panels to conduct duplication will promote elector confidence;   "(15) Electors voting out of precinct add to the burden on election officials and lines for other electors because of the length of time it takes to process a provisional ballot in a precinct. Electors should be directed to the correct precinct on election day to ensure that they are able to vote in all elections for which they are eligible;   "(16) In considering the changes in 2021, the General Assembly heard hours of testimony from electors, election officials, and attorneys involved in voting. The General Assembly made significant modifications through the legislative process as it weighed the various interests involved, including adding further weekend voting, changing parameters for out-of-precinct voting, and adding transparency for ballot images; and   "(17) While each of the changes in this legislation in 2021 stands alone and is severable under Code Section 1-1-3, the changes in total reflect the General Assembly's considered judgment on the changes required to Georgia's election system to make it 'easy to vote and hard to cheat,' applying the lessons learned from conducting an election in the 2020 pandemic."   Law reviews.   - For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014). For note, "Who Drew Congressional District Lines: The Georgia General Assembly or the United States Department of Justice?," see 11 Ga. St. U. L. Rev. 381 (1995). For note, "Georgia's Runoff Election System Has Run Its Course," see 54 Ga. L. Rev. 1063 (2020).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 34-3212, 34-3213, 34A-1407 and Code Section 21-3-407 are included in the annotations for this Code section.   Constitutionality.    - State run-off election for national senator on November 24 for resolving plurality deadlock was valid under O.C.G.A. § 21-2-501 as a legitimate state exercise of a "failure-to-elect" mechanism pursuant to 2 U.S.C. § 8, and did not effect an unconstitutional regulation of the timing for elections of United States Senators as mandated by 2 U.S.C. § 1, and U.S. Const., art. I, sec. IV, cl. I. Nor was the election invalid on the grounds that O.C.G.A. § 21-2-501 violates U.S. Const., art. I, sec. III, cl. III, by adding as a qualification for the office of United States Senator that a candidate receive a majority of the votes cast, as it is more accurately interpreted as a method for construing the meaning of the votes cast than as a way of describing the candidates involved in the campaign. Public Citizen, Inc. v. Miller, 813 F. Supp. 821 (N.D. Ga.), aff'd, 992 F.2d 1548 (11th Cir. 1993).    The majority vote requirement of O.C.G.A. § 21-2-501, also known as the primary runoff requirement, does not violate § 2 of the Voting Rights Act, 42 U.S.C. § 1973, or the First, Fourteenth or Fifteenth Amendments to the United States Constitution. Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998), cert. denied, 526 U.S. 1131, 119 S. Ct. 1805, 143 L. Ed. 2d 1008 (1999).    Concept of political equality in the voting booth extends to all phases of state elections. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963) (decided under former Code 1933, §§ 34-3212 and 34-3213).   All participants have equal vote.    - Once the geographical unit for which a representative is to be chosen is designated, all who participate in the election are to have an equal vote. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963) (decided under former Code 1933, §§ 34-3212 and 34-3213).   Impact of HB 310.   - Given that Ga. L. 2014, p. 1 (HB 310) encompassed comprehensive electoral reforms, and was not merely a legislative fix for the violation of the 45-day transmittal requirement of 42 U.S.C. § 1973ff-1(a)(8)(A), the court could not conclude that the Georgia legislature would go back to the old electoral system if the state's appeal were dismissed as moot. United States v. Georgia, 778 F.3d 1202 (11th Cir. 2015).    Candidate is elected by plurality of votes cast if municipal charter or ordinance so provides. Barrett v. City of Perry, 229 Ga. 267, 191 S.E.2d 74 (1972) (decided under former Code Section 1933, § 34A-1407).    Cited in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Bond v. Fortson, 334 F. Supp. 1192 (N.D. Ga. 1971); Georgia v. United States, 411 U.S. 526, 93 S. Ct. 1702, 36 L. Ed. 2d 472 (1973); Pitts v. Carter, 380 F. Supp. 8 (N.D. Ga. 1974); Hill v. Brown, 227 Ga. 549, 181 S.E.2d 840 (1971); Pitts v. Busbee, 511 F.2d 126 (5th Cir. 1975); Pitts v. Cates, 536 F.2d 56 (5th Cir. 1976); Ingram v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977); Bailey v. Vining, 514 F. Supp. 452 (M.D. Ga. 1981); Hall v. Holder, 955 F.2d 1563 (11th Cir. 1992); Jones v. Norris, 262 Ga. 468, 421 S.E.2d 706 (1992); Hall v. Holder, 117 F.3d 1222 (11th Cir. 1997); City of Monroe v. United States, 522 U.S. 34, 118 S. Ct. 400, 139 L. Ed. 2d 339 (1997).   OPINIONS OF THE ATTORNEY GENERAL    Elections for probate judges are by majority and not plurality vote.  1983 Op. Att'y Gen. No. U83-16.   Offices requiring majority vote.   - The Secretary of State, Attorney General, State School Superintendent, Commissioner of Agriculture, and Commissioner of Labor must be elected by a majority vote. 1997 Op. Att'y Gen. No. U97-20.   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Elections, §§ 375, 380.   C.J.S.   - 29 C.J.S., Elections, §§ 208 et seq., 421 et seq.   ALR.    - Basis for computing majority essential to the adoption of a constitutional or other special proposition submitted to voters, 131 A.L.R. 1382.    Result of election as affected by votes cast for deceased or disqualified person, 133 A.L.R. 319.   Construction and application of Elections Clause of United States Constitution, U.S. Const. Art. I, § 4, cl.1, and state constitutional provisions concerning congressional elections, 34 A.L.R.6th 643.