---
title: O.C.G.A. § 21-2-138. Nonpartisan elections for judicial offices.
collection: code
id: 21-2-138
cite_as: O.C.G.A. § 21-2-138 (2025)
canonical_url: https://georgiacommons.org/code/21-2-138
md_url: https://georgiacommons.org/code/21-2-138.md
text_url: https://georgiacommons.org/code/21-2-138/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t21-(v18)-pdf.pdf?sfvrsn=7e748c96_0#page=38
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: ELECTIONS / ELECTIONS AND PRIMARIES GENERALLY / SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS / GENERAL PROVISIONS
---

# O.C.G.A. § 21-2-138. Nonpartisan elections for judicial offices.

The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court, office of judge of a probate court, office of chief magistrate, or office of magistrate, when nonpartisan elections have been authorized by law for such county judicial office, shall be placed on the ballot in a nonpartisan election to be held and conducted jointly with the general primary in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. Candidates for any such office shall have their names placed on the nonpartisan portion of each ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan election of judges of probate courts, chief magistrates, magistrates, judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections.

## History

Code 1933, § 34-1016, enacted by Ga. L. 1975, p. 1251, § 1; Ga. L. 1983, p. 1190, § 6; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 1490, § 7; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 9; Ga. L. 2005, p. 253, § 17/HB 244; Ga. L. 2011, p. 678, § 3/HB 158; Ga. L. 2025, p. 780, § 2/HB 426, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, inserted “office of judge of a probate court, office of chief magistrate, or office of magistrate, when nonpartisan elections have been authorized by law for such county judicial office,” in the first sentence and inserted “judges of probate courts, chief magistrates, magistrates,” in the last sentence.