---
title: O.C.G.A. § 21-2-40. Creation of county board of elections and county board of elections and registration.
collection: code
id: 21-2-40
cite_as: O.C.G.A. § 21-2-40 (2025)
canonical_url: https://georgiacommons.org/code/21-2-40
md_url: https://georgiacommons.org/code/21-2-40.md
text_url: https://georgiacommons.org/code/21-2-40/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t21-(v18)-2023-pdf.pdf?sfvrsn=868a5c43_0#page=91
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/21-2.md
previous: https://georgiacommons.org/code/21-2-36.md
next: https://georgiacommons.org/code/21-2-40.1.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: ELECTIONS / ELECTIONS AND PRIMARIES GENERALLY / SUPERVISORY BOARDS AND OFFICERS / STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION / County Board of Elections and County Board of Elections and Registration
---

# O.C.G.A. § 21-2-40. Creation of county board of elections and county board of elections and registration.

(a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members.

(b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members.

## History

Code 1981, § 21-2-40, enacted by Ga. L. 1982, p. 1292, § 2; Ga. L. 1983, p. 140, § 1; Ga. L. 1990, p. 243, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 261, § 1/SB 456; Ga. L. 2012, p. 995, § 2/SB 92.

## Law Reviews

For survey article on local government law, see 34 Mercer L. Rev. 225 (1982).