---
title: O.C.G.A. § 3-4-46. Procedure for conduct of election for purpose of nullifying previous election result.
collection: code
id: 3-4-46
cite_as: O.C.G.A. § 3-4-46 (2025)
canonical_url: https://georgiacommons.org/code/3-4-46
md_url: https://georgiacommons.org/code/3-4-46.md
text_url: https://georgiacommons.org/code/3-4-46/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t1-3-(v3)-pdf.pdf?sfvrsn=d5cb9302_0#page=152
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/3-4.md
previous: https://georgiacommons.org/code/3-4-45.md
next: https://georgiacommons.org/code/3-4-47.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: ALCOHOLIC BEVERAGES / DISTILLED SPIRITS / LOCAL AUTHORIZATION AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES
---

# O.C.G.A. § 3-4-46. Procedure for conduct of election for purpose of nullifying previous election result.

(a) In any county or municipality which has at any time held a referendum election in accordance with this article, resulting in the approval of the issuance of licenses for the package sale of distilled spirits, the election superintendent of the county or municipality shall, upon the filing of an ordinance, resolution, or petition as provided in subsection (a) of Code Section 3-4-41, proceed to call another referendum election in the same manner as provided in this article for the purpose of nullifying the previous referendum election result.

(b) In the event an election referendum is held pursuant to subsection (a) of this Code section and a majority of the votes cast are against the issuance of licenses for the package sale of distilled spirits, then no new licenses for the package sale of distilled spirits within the political subdivision conducting the referendum shall be issued and any existing licensee issued a license for the package sale of distilled spirits shall be prohibited, effective upon the expiration of such license, from engaging in any package sales of distilled spirits within the political subdivision.

(c) No election held pursuant to this Code section shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for such purpose under this article.

## History

Ga. L. 1941, p. 199, § 1; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2310, enacted by Ga. L. 1980, p. 1573, § 1; Code 1981, § 3-4-47; Code 1981, § 3-4-46, as redesignated by Ga. L. 2017, p. 820, § 2/HB 485; Ga. L. 2021, p. 450, § 2/SB 145.

## Amendments

The 2021 amendment, effective May 4, 2021, substituted “an ordinance, resolution, or petition” for “a petition” in the middle of subsection (a).