---
title: O.C.G.A. § 21-2-8. Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent.
collection: code
id: 21-2-8
cite_as: O.C.G.A. § 21-2-8 (2025)
canonical_url: https://georgiacommons.org/code/21-2-8
md_url: https://georgiacommons.org/code/21-2-8.md
text_url: https://georgiacommons.org/code/21-2-8/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=58
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
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: ELECTIONS / ELECTIONS AND PRIMARIES GENERALLY / GENERAL PROVISIONS
---

# O.C.G.A. § 21-2-8. Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent.

No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such person’s civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority of a municipality shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent.

## History

Code 1933, § 34-107, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p. 930, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 1; Ga. L. 2005, p. 253, § 3/HB 244.

## Cross References

Persons not eligible to hold office, Ga. Const. 1983, Art. II, Sec. II, Para. III.

Eligibility and qualifications of persons for public office generally, T. 45, C. 2.

Vacating of state office upon conviction of officer for felony, § 45-5-2 and Ga. Const. 1983, Art. II, Sec. III.

## 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.”