The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period.
The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy.
No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator’s affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected.
History. Ga. L. 1922, p. 97, § 3; Code 1933, § 34-1904; Ga. L. 1948, Ex. Sess., p. 3, § 1; Ga. L. 1962, p. 618, § 1; Code 1933, § 34-1001, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1965, p. 224, § 1; Ga. L. 1968, p. 826, § 1; Ga. L. 1968, p. 858, § 1; Ga. L. 1968, p. 871, § 5; Ga. L. 1969, p. 329, § 8B; Code 1933, § 34-1002, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1971, p. 602, § 2; Ga. L. 1977, p. 1053, § 3; Ga. L. 1978, p. 1004, § 16; Ga. L. 1979, p. 955, § 4; Ga. L. 1981, p. 1718, §§ 4, 11; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1983, p. 884, § 6-5; Ga. L. 1983, p. 930, § 3; Ga. L. 1983, p. 1190, § 4; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 780, § 1; Ga. L. 1984, p. 1038, § 1; Ga. L. 1985, p. 496, § 3; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 890, § 2; Ga. L. 1987, p. 647, § 1; Ga. L. 1987, p. 1360, § 5; Ga. L. 1989, p. 643, § 2; Ga. L. 1990, p. 243, § 1; Ga. L. 1993, p. 118, § 1; Ga. L. 1994, p. 1406, § 2; Ga. L. 1995, p. 1027, § 3; Ga. L. 1996, p. 145, § 1; Ga. L. 1997, p. 590, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 23, § 1; Ga. L. 1999, p. 52, § 5; Ga. L. 2001, p. 269, § 5; Ga. L. 2001, Ex. Sess., p. 325, § 2; Ga. L. 2002, p. 437, § 1; Ga. L. 2003, p. 517, § 11; Ga. L. 2005, p. 253, §§ 13, 14/HB 244; Ga. L. 2006, p. 69, § 1/SB 467; Ga. L. 2008, p. 781, § 6/HB 1112; Ga. L. 2009, p. 311, § 2/HB 156; Ga. L. 2011, p. 678, § 1/HB 158; Ga. L. 2011, p. 683, § 2A/SB 82; Ga. L. 2012, p. 995, § 5/SB 92; Ga. L. 2014, p. 1, § 1/HB 310; Ga. L. 2016, p. 173, §§ 2, 3/SB 199; Ga. L. 2016, p. 864, § 21/HB 737; Ga. L. 2017, p. 697, § 3/HB 268; Ga. L. 2018, p. 1112, § 21/SB 365.
The 2017 amendment, effective July 1, 2017, rewrote paragraph (d)(1); added paragraph (d)(2); redesignated former paragraph (d)(2) as present paragraph (d)(3); and, in paragraph (d)(3), deleted “either” following “his or her county” near the middle, and deleted “or during the period beginning at 9:00 A.M. on the fourth Monday in June immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays,” following “may be legal holidays,” near the end; and redesignated former paragraphs (d)(3) and (d)(4) as present paragraphs (d)(4) and (d)(5), respectively.
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted “local board of education” for “local school board” near the beginning of paragraph (c)(2).
Cross references.
Persons ineligible to hold public office, Ga. Const. 1983, Art. II, Sec. II, Para. III.
False swearing generally, § 16-10-71 .
Exercise of Secretary of State’s duty upon failure to comply with write-in candidacy requirements, § 21-2-499 .
Penalties for offenses relating to nomination petitions, §§ 21-2-563 , 21-2-564 .
Penalty for making of false statement in connection with filing of notice of candidacy, § 21-2-565 .
Qualifying in absentia for magistrates serving on active duty, § 15-10-20.1 .
Code Commission notes.
Pursuant to Code Section 28-9-3 , in 2011, the amendment of subparagraphs (i)(1)(A) and (i)(1)(B) of this Code section by Ga. L. 2011, p. 678, § 1, was treated as impliedly repealed and superseded by Ga. L. 2011, p. 683, § 2A, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
Editor’s notes.
Ga. L. 1983, p. 930, § 1, not codified by the General Assembly, provided: “It is the intent of this Act to implement certain changes required by Article II, Section I, Paragraph III and Article II, Section II, Paragraph III of the Constitution of the State of Georgia.”
Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Ga. L. 2011, p. 683, § 21A/SB 82, not codified by the General Assembly, provides, in part that: “Section 2A of this Act shall become effective on July 1, 2011, only if House Bill 158 is passed by the General Assembly during the 2011 regular session and is approved by the Governor or becomes law without such approval. Otherwise, Section 2A shall be repealed by operation of law on such date and shall be of no force and effect.” House Bill 158 was Ga. L. 2011, p. 678, which was approved on May 13, 2011.
Law reviews.
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014).
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.