21-2-139. Nonpartisan elections authorized; conduct.

Code 1981, § 21-2-139, enacted by Ga. L. 1983, p. 1190, § 7; Ga. L. 1985, p. 496, § 4; Ga. L. 1994, p. 131, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 10; Ga. L. 2005, p. 253, § 18/HB 244; Ga. L. 2011, p. 678, § 4/HB 158; Ga. L. 2012, p. 995, § 9/SB 92; Ga. L. 2018, p. 1112, § 21/SB 365; Ga. L. 2025, p. 780, § 3/HB 426, effective July 1, 2025; Ga. L. 2025, p. 780, § 4/HB 426, see notes for effective date.

Ga. L. 2025, p. 780, § 5/HB 426, not codified by the General Assembly, provides that the 2025 amendment to this Code section made in Section 4 of this Act shall only become effective on July 1, 2027, upon the ratification of a resolution at the November, 2026, state-wide general election that amends the Constitution so as to authorize the election of probate court judges in nonpartisan elections; provided, however, that to the extent the Act conflicts with any law in effect at the time of ratification, the 2025 amendments to this Code section and the Constitution shall control, and to the extent such law is not in conflict, the law in effect at the time of ratification shall control and shall remain in full force and effect. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand automatically repealed. This Code section, as set out above, does not reflect the amendment by Section 4 of the Act owing to the delayed effective date. Upon the ratification of the constitutional amendment, subsection (a) will read as follows: “Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill offices of local boards of education and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in even-numbered years in accordance with this chapter without a prior nonpartisan primary. This Code section shall apply to all nonpartisan elections for members of consolidated governments. All nonpartisan elections for members of consolidated governments shall be governed by the provisions of this Code section and shall be considered county elections and not municipal elections for the purposes of this Code section. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter.”

The first 2025 amendment, effective July 1, 2025, substituted “offices of judges of probate courts” for “county judicial offices” in the first sentence in subsection (a). The second 2025 amendment deleted “offices of judges of probate courts,” following “to fill” in the first sentence of subsection (a). For effective date of this amendment, see the delayed effective date note

For article “Voting Rights Federation” see 73 Emory L.J. 299 (2023).