Title 21, Chapter 2, Section 132
( 21-2-132)
(a) The names of nominees of political parties nominated in a
primary and the names of nominees of political parties for the
office of presidential elector shall be placed on the election
ballot without their filing the notice of candidacy otherwise
required by this Code section. (b) Candidates seeking election in a nonpartisan election shall comply with the requirements of subsections (c) and (f) of this Code section, as modified by subsection (g) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan election ballots. (c) Except as provided in subsection (i) of this Code section, all
candidates seeking election in a nonpartisan election shall file
their notice of candidacy and pay the prescribed qualifying fee by
the date prescribed in this subsection in order to be eligible to
have their names placed on the nonpartisan election ballot by the
Secretary of State or election superintendent, as the case may be,
in the following manner: (1) Each candidate for the office of judge of the superior court,
Judge of the Court of Appeals, or Justice of the Supreme Court, or
the candidate's agent, desiring to have his or her name placed on
the nonpartisan election ballot shall file a notice of candidacy,
giving his or her name, residence address, and the office sought,
in the office of the Secretary of State no earlier than 9:00 A.M.
on the fourth Monday in April immediately prior to the election
and no later than 12:00 Noon on the Friday following the fourth
Monday in April, notwithstanding the fact that any such days may
be legal holidays; and (2) Each candidate for a county judicial office, a local school
board office, or an office of a consolidated government, except
those offices which on July 1, 2001, were covered by local Acts of
the General Assembly which provided for election in a nonpartisan
election without a prior nonpartisan primary, or the candidate's
agent, desiring to have his or her name placed on the nonpartisan
election ballot shall file notice of candidacy in the office of
the superintendent no earlier than 9:00 A.M. on the fourth Monday
in April immediately prior to the election and no later than 12:00
Noon on the Friday following the fourth Monday in April,
notwithstanding the fact that any such days may be legal holidays. (d) Except as provided in subsection (i) of this Code section, all
political body and independent candidates shall file their notice of
candidacy and pay the prescribed qualifying fee by the date
prescribed in this subsection in order to be eligible to have their
names placed on the election ballot by the Secretary of State or
election superintendent, as the case may be, in the following
manner: (1) Each candidate for federal or state office, or his or her
agent, desiring to have his or her name placed on the election
ballot shall file a notice of his or her candidacy, giving his or
her name, residence address, and the office he or she is seeking,
in the office of the Secretary of State no earlier than 9:00 A.M.
on the fourth Monday in June immediately prior to the election and
no later than 12:00 Noon on the Friday following the fourth Monday
in June in the case of a general election and no earlier than the
date of the call of the election and no later than 25 days prior
to the election in the case of a special election; (2) Each candidate for a county office, including those offices
which on July 1, 2001, were covered by local Acts of the General
Assembly which provided for election in a nonpartisan election
without a prior nonpartisan primary, or his or her agent, desiring
to have his or her name placed on the election ballot shall file
notice of his or her candidacy in the office of the superintendent
of his or her county no earlier than 9:00 A.M. on the fourth
Monday in June immediately prior to the election and no later than
12:00 Noon on the Friday following the fourth Monday in June in
the case of a general election and no earlier than the date of the
call of the election and no later than 25 days prior to the
election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a
notice of candidacy in the office of the municipal superintendent
of such candidate's municipality during the municipality's
qualifying period. Each municipal superintendent shall designate
the days of the qualifying period, which shall be no less than
three days and no more than five days. The days of the qualifying
period shall be consecutive days. Qualifying periods shall comply
with the following: (A) In the case of a general election held in an odd-numbered
year, the municipal qualifying period shall commence no earlier
than 8:30 A.M. on the second Monday in September immediately
preceding the general election and shall end no later than 4:30
P.M. on the following Friday; (B) In the case of a general election held in an even-numbered
year, the municipal qualifying period shall commence no earlier
than 8:30 A.M. on the last Monday in August immediately
preceding the general election and shall end no later than 4:30
P.M. on the following Friday; and (C) In the case of a special election, the municipal qualifying
period shall commence no earlier than the date of the call and
shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30 A.M. until
4:30 P.M. with one hour allowed for the lunch break; provided,
however, that municipalities which have normal business hours
which cover a lesser period of time shall conduct qualifying
during normal business hours for each such municipality. Except in
the case of a special election, notice of the opening and closing
dates and the hours for candidates to qualify shall be published
at least two weeks prior to the opening of the qualifying period. (e) Except as provided in subsection (i) of this Code section, each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential
elector when such party has held a national convention and therein
nominated candidates for President and Vice President of the
United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such
incumbent if, prior to the election in which such incumbent was
originally elected to the office for which such incumbent seeks
reelection, such incumbent filed a notice of candidacy and a
nomination petition as required by this chapter; (4) A candidate seeking election in a nonpartisan election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. (f) Each candidate required by this Code section to file a notice of
candidacy shall accompany his or her notice of candidacy with an
affidavit stating: (1) His or her residence, with street and number, if any, and his
or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county or municipality of
his or her residence eligible to vote in the election in which he
or she is a candidate; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (7) That the candidate has never 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 or conviction of domestic violence under
the laws of this state or any other state or of the United States,
or that the candidate's civil rights have been restored and that
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; and (8) That he or she will not knowingly violate this chapter or
rules and regulations adopted under this chapter. The affidavit shall contain such other information as may be
prescribed by the officer with whom the candidate files his or her
notice of candidacy. (g) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Sections 21-2-131 and 21-2-138 of any candidate who has filed a qualifying petition as provided for in subsection (h) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: "WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony." The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (h) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which
is voted upon state wide shall be signed by a number of voters
equal to one-fourth of 1 percent of the total number of registered
voters eligible to vote in the last election for the filling of
the office the candidate is seeking and the signers of such
petition shall be registered and eligible to vote in the election
at which such candidate seeks to be elected. A qualifying
petition of a candidate for any other office shall be signed by a
number of voters equal to 1 percent of the total number of
registered voters eligible to vote in the last election for the
filling of the office the candidate is seeking and the signers of
such petition shall be registered and eligible to vote in the
election at which such candidate seeks to be elected. However, in
the case of a candidate seeking an office for which there has
never been an election or seeking an office in a newly constituted
constituency, the percentage figure shall be computed on the total
number of registered voters in the constituency who would have
been qualified to vote for such office had the election been held
at the last general election and the signers of such petition
shall be registered and eligible to vote in the election at which
such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare
therein that he or she is a duly qualified and registered elector
of the state entitled to vote in the next election for the filling
of the office sought by the candidate supported by the petition
and shall add to his or her signature his or her residence
address, giving municipality, if any, and county, with street and
number, if any. No person shall sign the same petition more than
once. Each petition shall support the candidacy of only a single
candidate. A signature shall be stricken from the petition when
the signer so requests prior to the presentation of the petition
to the appropriate officer for filing, but such a request shall be
disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of
uniform size and different sheets must be used by signers resident
in different counties. The upper portion of each sheet, prior to
being signed by any petitioner, shall bear the name and title of
the officer with whom the petition will be filed, the name of the
candidate to be supported by the petition, his or her profession,
business, or occupation, if any, his or her place of residence
with street and number, if any, the name of the office he or she
is seeking, his or her political party or body affiliation, if
any, and the name and date of the election in which the candidate
is seeking election. If more than one sheet is used, they shall
be bound together when offered for filing if they are intended to
constitute one qualifying petition, and each sheet shall be
numbered consecutively, beginning with number one, at the foot of
each page. Each sheet shall bear on the bottom or back thereof
the affidavit of the circulator of such sheet, which affidavit
must be subscribed and sworn to by such circulator before a notary
public and shall set forth: (A) His or her residence address, giving municipality with
street and number, if any; (B) That each signer manually signed his or her own name with
full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days
of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the
signers are registered electors of the state qualified to sign
the petition, that their respective residences are correctly
stated in the petition, and that they all reside in the county
named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days
before the last day on which such petition may be filed, and no
signature shall be counted unless it was signed within 180 days of
the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented
after its presentation to the appropriate officer for filing. No notary public may sign the petition as an elector or serve as a
circulator of any petition which he or she notarized. Any and all
sheets of a petition that have the circulator's affidavit notarized
by a notary public who also served as a circulator of one or more
sheets of the petition or who signed one of the sheets of the
petition as an elector shall be disqualified and rejected. (i) Notwithstanding any other provision of this chapter to the
contrary, for general elections held in the even-numbered year
immediately following the official release of the United States
decennial census data to the states for the purpose of redistricting
of the legislatures and the United States House of Representatives,
candidates in such elections shall qualify as provided in this
subsection:
(1) All candidates seeking election in a nonpartisan election
shall file their notice of candidacy and pay the prescribed
qualifying fee by the date prescribed in this paragraph in order
to be eligible to have their names placed on the nonpartisan
election ballot by the Secretary of State or election
superintendent, as the case may be, in the following manner: (A) Each candidate for the office of judge of the superior
court, Judge of the Court of Appeals, or Justice of the Supreme
Court, or the candidate's agent, desiring to have his or her
name placed on the nonpartisan election ballot shall file a
notice of candidacy, giving his or her name, residence address,
and the office sought, in the office of the Secretary of State
no earlier than 9:00 A.M. on the third Wednesday in June
immediately prior to the election and no later than 12:00 Noon
on the Friday following the third Wednesday in June,
notwithstanding the fact that any such days may be legal
holidays; and (B) Each candidate for a county judicial office, a local school
board office, or an office of a consolidated government, except
those offices which on July 1, 2001, were covered by local Acts
of the General Assembly which provided for election in a
nonpartisan election without a prior nonpartisan primary, or the
candidate's agent, desiring to have his or her name placed on
the nonpartisan election ballot shall file notice of candidacy
in the office of the superintendent no earlier than 9:00 A.M. on
the third Wednesday in June immediately prior to the election
and no later than 12:00 Noon on the Friday following the third
Wednesday in June, notwithstanding the fact that any such days
may be legal holidays; (2) All political body and independent candidates shall file their
notice of candidacy and pay the prescribed qualifying fee by the
date prescribed in this paragraph in order to be eligible to have
their names placed on the general election ballot by the Secretary
of State or election superintendent, as the case may be, in the
following manner: (A) Each candidate for federal or state office, or his or her
agent, desiring to have his or her name placed on the general
election ballot shall file a notice of his or her candidacy,
giving his or her name, residence address, and the office he or
she is seeking, in the office of the Secretary of State no
earlier than 9:00 A.M. on the last Monday in July immediately
prior to the election and no later than 12:00 Noon on the Friday
following the last Monday in July; and (B) Each candidate for a county office, including those offices
which on July 1, 2001, were covered by local Acts of the General
Assembly which provided for election in a nonpartisan election
without a prior nonpartisan primary, or his or her agent,
desiring to have his or her name placed on the general election
ballot shall file notice of his or her candidacy in the office
of the superintendent of his or her county no earlier than 9:00
A.M. on the last Monday in July immediately prior to the
election and no later than 12:00 Noon on the Friday following
the last Monday in July; (3) Candidates required to file nomination petitions under
subsection (e) of this Code section shall file such petitions not
earlier than 9:00 A.M. on the fourth Monday in July immediately
prior to the general election and not later than 12:00 Noon on the
first Monday in August immediately prior to the general election. |