Title 21, Chapter 2, Section 153
( 21-2-153)
(a) A candidate for any party nomination in a state or county
primary may qualify by either of the two following methods: (1) Payment of a qualifying fee pursuant to Code Section 21-2-131; or (2)(A) The submission of a pauper's affidavit by any candidate
who has filed a qualifying petition as provided for in
subsection (a.1) of this Code section, by which the candidate
under oath affirms 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. (B) If a candidate seeks to qualify for a county or militia
district office, the pauper's affidavit and financial statement
shall be presented to the county political party; otherwise, the
candidate shall file his or her pauper's affidavit and financial
statement with the state political party. (a.1) 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 21-2-131 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, setting 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. (b) Unless otherwise provided by law, all candidates for party
nomination in a state or county primary shall qualify as such
candidates in accordance with the procedural rules of their party;
provided, however, that no person shall be prohibited from
qualifying for such office if he or she: (1) Meets the requirements of such procedural rules; (2) Is eligible to hold the office which he or she seeks; (3) Is not prohibited from being nominated or elected by provisions of Code Section 21-2-7 or 21-2-8; and (4) If party rules so require, affirms his or her allegiance to
his or her party by signing the following oath: "I do hereby swear or affirm my allegiance to the (name of
party) Party." (c)(1) In the case of a general state or county primary, the
candidates or their agents shall commence qualifying at 9:00 A.M.
on the fourth Monday in April immediately prior to the state or
county primary and shall cease qualifying at 12:00 Noon on the
Friday following the fourth Monday in April, notwithstanding the
fact that any such days may be legal holidays; provided, however,
that, in the case of a general primary 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, the candidates or their agents for political
party nomination to county offices shall commence qualifying at
9:00 A.M. on the third Wednesday in June immediately prior to such
primary and shall cease qualifying at 12:00 Noon on the Friday
following the third Wednesday in June, notwithstanding the fact
that any such days may be legal holidays, and provided, further,
that candidates for political party nomination to federal and
state offices in a general primary shall commence qualifying at
9:00 A.M. on the third Wednesday in June immediately prior to such
primary and shall cease qualifying at 12:00 Noon on the Friday
following the third Wednesday in June, notwithstanding the fact
that any such days may be legal holidays, and shall qualify in
person or, in the case of illness or other providential cause as
may be defined and determined by rule or regulation by the
Secretary of State, by their agents with their respective
political party in the state capitol under such rules and
regulations as the Secretary of State may promulgate and provided,
further, that all qualifying for federal and state offices on the
last day of the qualifying period shall be conducted in the
chamber of the House of Representatives in the state capitol. In
the case of a special primary, the candidate shall qualify no
earlier than the date of the call for the special primary and no
later than 25 days prior to the date of such primary, and such
qualifying period shall be open for a minimum of two and one-half
days. (2) If a political party has not designated at least 14 days prior
to the beginning of qualifying a party official in a county with
whom the candidates of such party for county elective offices
shall qualify, the election superintendent of the county shall
qualify candidates on behalf of such party. The election
superintendent shall give notice in the legal organ of the county
at least three days before the beginning of qualifying giving the
dates, times, and location for qualifying candidates on behalf of
such political party. (d)(1) Within two hours after the qualifications have ceased, the
county executive committee of each political party shall post at
the county courthouse a list of all candidates who have qualified
with such executive committee, and the state executive committee
of each political party shall post a list of all candidates who
have qualified with such committee at the courthouse of the county
in which such executive committee's office is located. If the
election superintendent qualifies the candidates for a political
party in accordance with subsection (c) of this Code section, the
election superintendent shall post at the county courthouse a list
of all the candidates who have qualified with such superintendent
for such political party. (2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in paragraph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn, or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor. (e) Each candidate for party nomination described in subsection (a)
of this Code section shall file an affidavit with the political
party at the time of his or her qualifying 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 of his or her
residence eligible to vote in the primary election in which he or
she is a candidate for nomination; (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 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 or regulations adopted under this chapter. (f) Candidates for the office of presidential elector or their
agents who have been nominated in accordance with the rules of a
political party shall qualify beginning at 9:00 A.M. on the fourth
Monday in April in the year in which a presidential election shall
be held and shall cease qualifying at 12:00 Noon on the Friday
following the fourth Monday in April, notwithstanding the fact that
any such days may be legal holidays; provided, however, that, for
presidential 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 for the office of presidential elector who have been
nominated in accordance with the rules of a political party shall
commence qualifying beginning at 9:00 A.M. on the third Wednesday in
June immediately prior to such election and shall cease qualifying
at 12:00 Noon on the Friday following the third Wednesday in June,
notwithstanding the fact that any such days may be legal holidays,
and shall qualify in person or, in the case of illness or other
providential cause as may be defined and determined by rule or
regulation by the Secretary of State, by their agents with their
respective political party in the state capitol under such rules and
regulations as the Secretary of State may promulgate. |