GA Code § 21-2-285 (2021)
2021 Georgia Code|Title 21 - Elections|Chapter 2 - Elections and Primaries Generally|Article 8 - Voting by Ballot|§ 21-2-285. Form of Official Election Ballot; Attestation on Receipt of Benefit in Exchange for Vote; When an Election Is Not Required

  At the top of each ballot for an election shall be printed in prominent type the words "OFFICIAL BALLOT," followed by the name and designation of the precinct for which it is prepared and the name and date of the election.     Directions that explain how to cast a vote and how to obtain a new ballot after one is spoiled shall appear immediately under this caption on a ballot presenting the names of candidates for election to office as specified by the rules and regulations of the State Election Board.   Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be written only within the write-in space provided and the insertion of such names outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited.     Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. In a primary or special election, said names shall be arranged alphabetically by last name under the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. In a general election, the names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading "Independent," which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in votes.   Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column.   When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party or body and the names of the candidates of the party or body for the offices of President and Vice President of the United States. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body.   When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot following the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent.   When proposed questions are submitted to a vote of municipal electors, each question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices.   Each ballot shall have printed thereon the following:  "I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law."    The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.   Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a general or special municipal election, no 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 within a precinct.   When, pursuant to subsection (j) of this Code section, no election is to be conducted, the municipality shall provide notice reasonably calculated to inform the affected electorate that no election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself or herself. 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 21-2-502.    (Ga. L. 1922, p. 97, §§ 2, 3; Code 1933, §§ 34-1903, 34-1904; Ga. L. 1941, p. 324, § 1; Ga. L. 1948, Ex. Sess., p. 3, § 1; Ga. L. 1958, p. 208, § 6; Ga. L. 1962, p. 98, § 1; Ga. L. 1962, p. 618, § 1; Code 1933, § 34-1103, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1965, p. 226, § 1; Ga. L. 1968, p. 851, § 1; Ga. L. 1969, p. 329, § 12; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1986, p. 772, § 3; Ga. L. 1986, p. 1538, § 1; Ga. L. 1993, p. 118, § 1; Ga. L. 1994, p. 279, § 2; Ga. L. 1997, p. 590, § 28; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 10, 34; Ga. L. 2001, p. 269, § 17; Ga. L. 2002, p. 598, § 2-7; Ga. L. 2005, p. 253, § 36/HB 244; Ga. L. 2012, p. 995, § 22/SB 92; Ga. L. 2021, p. 14, § 20C/SB 202.)    The 2021 amendment,  effective March 25, 2021, inserted "name and" near the middle of subsection (a).   Editor's notes.   - 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."   Administrative Rules and Regulations.   - Appearance of candidate's name on ballot, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Ballots, § 183-1-11-.02.   Spoiled absentee ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.06.   Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.   Law reviews.   - For note on the 2001 amendment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).   JUDICIAL DECISIONS   Authority of states to regulate elections.   - States have broad authority, absent valid congressional legislation, to establish rules regulating the manner of conducting both primary and final elections. Williamson v. Fortson, 376 F. Supp. 1300 (N.D. Ga. 1974).   There are many types of information which could serve to reduce voter confusion if they were included in the ballot. The determination of what should be included is a state function. Williamson v. Fortson, 376 F. Supp. 1300 (N.D. Ga. 1974).   Prohibition of use of stamps or stickers not unconstitutional.   - The prohibition of the use of stamps or stickers is not unconstitutional on its face. Morris v. Fortson, 261 F. Supp. 538 (N.D. Ga. 1966).   Use of incorrect terminology held mere irregularity.    - See Buttrill v. Thomas, 126 Ga. App. 498, 191 S.E.2d 119 (1972).   Omission of directions on ballots.    - A trial court properly denied a losing candidate's petition to contest the election results of a mayoral election held in a town as the losing candidate failed to meet the burden of establishing that any misconduct, fraud, or irregularity occurred that placed the result of the election in doubt based on the county clerk signing the document reflecting the election results, instead of the election superintendent, and the clerk's failure to purge the voters list, which was not an obligation of the election supervisor anyway. The omission of the statutory language providing directions on how to cast a vote likewise did not necessitate a new election since the poll manager testified that the poll manager and other poll workers instructed each voter how to fill out the ballot and established that there was no concern or confusion by the voters regarding the ballot. Lewis v. O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).   Lawsuit seeking name placed on ballot properly dismissed.    - Trial court properly dismissed a nominee's lawsuit seeking to have the nominee's name placed upon the ballot for the 2016 general election as an independent candidate for President of the United States because the notices of candidacy were submitted 11 days after the deadline set forth in O.C.G.A. § 21-2-132(d)(1) and the nominee failed to have enough signatures verified; thus, the nominee was not entitled to have the nominee's name placed on the ballot. De La Fuente v. Kemp, 300 Ga. 79, 793 S.E.2d 89 (2016).    Cited in  McCrary v. Poythress, 638 F.2d 1308 (5th Cir. 1981).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 34A-1004 and 34-1323 are included in the annotations for this Code section.   Effect where election otherwise required by law.   - A special municipal election, otherwise required by law, must be conducted notwithstanding the existence of the conditions set forth in this section. 1980 Op. Att'y Gen. No. U80-15 (decided under former Code 1933, § 34A-1004).   When no name for a particular race shall appear on ballot.   - Where neither a party nominee nor a write-in candidate files notice of intention of candidacy in opposition to an already qualified candidate in a municipal general or special election, then no name for that race shall appear on the ballot. 1982 Op. Att'y Gen. No. U82-10 (decided under former Code 1933, § 34A-1004).   Controlling sections or questions of form of ballot cards.    - It was reasonable that former Code 1933, §§ 34-1102 and 34-1103 (see now O.C.G.A. §§ 21-2-284 and21-2-285) prescribing form for paper ballots, control questions of form of ballot cards when former Code 1933, § 34-1223 (formerly § 21-2-357), governing ballot cards, did not expressly provide an answer to the question raised. 1981 Op. Att'y Gen. No. 81-68.   No candidate for office at general election.   - When no candidate of either party nor an independent qualifies for an office to be filled at a general election, the title to the office should be printed on the ballot and then a note should be written under the title in each party's column that there is no candidate for that office. 1968 Op. Att'y Gen. No. 68-411.   Restrictions on use of stickers, pasters, and stamps.    - Ga. L. 1933, § 34-1323 (see now O.C.G.A. § 21-2-438) does not remove the restrictions on the use of stickers, pasters, stamps, etc., as contained in former Code 1933, § 34-1103 (see now O.C.G.A. § 21-2-285). 1976 Op. Att'y Gen. No. U76-45 (decided under former Code 1933, § 34-1323).   Prepunching, in addition to printing, of ballot cards used in conjunction with vote recorders.   - Ballot cards used in conjunction with vote recorders may not be prepunched to designate election districts (now precincts) or political parties in lieu of printing such information on cards, but may be so prepunched in addition to printing such information on cards. 1981 Op. Att'y Gen. No. 81-68.    When precinct and political party are designated by printing, such designations may be prepunched to  obviate confusion and concern among voters; however, it would be wise to also include explanatory language to the effect that the "ballot has been prepunched only so as to indicate information printed immediately above." 1981 Op. Att'y Gen. No. 81-68.   Abbreviations in write-in votes.   - An elector, when casting a write-in vote, may use abbreviations in the title of the office if the write-in office has been abbreviated in such a way that the elector has indicated clearly and without question the office for which the elector voted. 1968 Op. Att'y Gen. No. 68-434.   Poll officers are required to count as valid any ballot on which an elector has indicated clearly and without question the candidate for whom the elector desires to cast a vote, notwithstanding the fact the elector has not marked the elector's ballot in accordance with the Election Code. 1976 Op. Att'y Gen. No. U76-45.   Misspelling of candidate's name.   - In those instances where the elector's intent can clearly and unquestionably be ascertained, the elector's vote should be counted even where the elector has not spelled the candidate's name exactly as recorded by the candidate. 1968 Op. Att'y Gen. No. 68-411.   Name of candidate.   - Titles such as "Dr.", "Rev.", "Judge", "Mr.", "Ms.", "Mrs.", or "Miss" are not a part of a person's name and should not be placed on the ballot as a part of the candidate's name. 1984 Op. Att'y Gen. No. 84-51.    When elected commissioner of labor withdrew prior to taking oath of office  and another person was appointed to serve until the next general election in 1992, the proper ballot caption for the office for the 1992 primary and general elections was: "For Commissioner of Labor (To Succeed Al Scott for the Unexpired Term of Joe Tanner, withdrawn)". 1991 Op. Att'y Gen. No. 91-16.   Candidates for both special election and general election may be listed on same ballot.    - Former Code 1933, §§ 34-1102 and 34-1103 (see now O.C.G.A. §§ 21-2-284 and21-2-285) allow both special election candidates and general election candidates to be listed on the same ballot so long as the candidates have qualified in accordance with the requirements of the Election Code and the elections are held on the same day; provided, however, that all persons in that election district (now precinct) who will receive the ballot are eligible to vote in both the general and the special election. 1970 Op. Att'y Gen. No. 70-115.   Straw polls.   - Public funds may not be expended for the purpose of conducting a straw poll or public opinion referendum absent statutory authority. 1990 Op. Att'y Gen. No. U90.   RESEARCH REFERENCES   Am. Jur. 2d.   - 26 Am. Jur. 2d, Elections, § 285 et seq.   C.J.S.   - 29 C.J.S., Elections, §§ 264, 267, 271, 272, 273.