---
title: O.C.G.A. § 21-2-504. Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officer-elect to qualify.
collection: code
id: 21-2-504
cite_as: O.C.G.A. § 21-2-504 (2025)
canonical_url: https://georgiacommons.org/code/21-2-504
md_url: https://georgiacommons.org/code/21-2-504.md
text_url: https://georgiacommons.org/code/21-2-504/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=564
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.
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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 / RETURNS
---

# O.C.G.A. § 21-2-504. Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officer-elect to qualify.

(a) Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail to take that office validly, the authority with whom the candidates for such nomination or office file notice of candidacy shall call a special primary or election to fill such position. If a special primary will not be held and unless otherwise provided by law, the call of a special election shall be made within 45 days after the occurrence of the vacancy.

(b) Whenever any person elected to municipal public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his or her office and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special election to fill such vacancy.

## History

Code 1933, § 34-1514, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1980, p. 685, § 1; Ga. L. 1984, p. 1, § 13; Ga. L. 1998, p. 295, § 1.

## Cross References

Special elections and primaries generally, § 21-2-540 et seq.

## Administrative Rules and Regulations

Calls for primaries and elections, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates of Primaries and Elections, § 183-1-8-.01.