Georgia Code
Article 3 - Local Boards of Education
§ 20-2-51. Election of Local Board of Education Members; Persons Ineligible to Be Members or Superintendent; Ineligibility for Local Boards of Education; Ineligibility for Other Elective Offices

The cost of such notice and public hearing shall be borne by the local board. The State Board of Education shall approve or deny a waiver request no later than 45 days after receipt of such waiver request, taking into consideration whether the benefit to the public would justify approval of the waiver. An approved waiver must be received by the local election superintendent prior to an individual’s filing of a declaration or notice of candidacy in accordance with Article 4 of Chapter 2 of Title 21.
Each person offering his or her candidacy for election as a member of a local board of education shall file an affidavit with the officer before whom such person has qualified for such election prior to or at the time of qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to this subsection. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2010.
History. Ga. L. 1919, p. 288, § 77; Code 1933, § 32-902; Ga. L. 1953, Nov.-Dec. Sess., p. 334, § 1; Code 1933, § 32-903.1, enacted by Ga. L. 1972, p. 236, §§ 1, 2; Code 1933, § 32-903.2, enacted by Ga. L. 1975, p. 828, § 1; Ga. L. 1981, p. 602, § 1; Ga. L. 1981, p. 1549, §§ 1, 2; Ga. L. 1982, p. 2107, § 17; Ga. L. 1983, p. 3, §§ 16, 53; Ga. L. 1984, p. 22, § 20; Ga. L. 1989, p. 425, § 1; Ga. L. 1992, p. 2339, § 1; Ga. L. 1993, p. 1279, § 1; Ga. L. 2009, p. 367, § 1/SB 14; Ga. L. 2009, p. 782, § 2/HB 251; Ga. L. 2010, p. 452, § 2/SB 84; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2015, p. 1376, § 1/HB 502; Ga. L. 2020, p. 62, § 1-2/SB 68; Ga. L. 2021, p. 922, § 20/HB 497.
The 2015 amendment, effective July 1, 2015, substituted “Reserved” for the former provisions of subsection (d), which read: “In all counties of this state having a population of not less than 500,000 or more than 600,000 according to the United States decennial census of 1990 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, such member’s position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board.”
The 2020 amendment, effective July 1, 2021, deleted “and” at the end of (e)(1), substituted “; and” for the period at the end of paragraph (e)(2), and added paragraph (e)(3).
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “education” for “educa?tion” in subparagraph (c)(4)(B).
Law reviews.
For survey article citing developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

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