Title 21, Chapter 2, Section 2
As used in this chapter, the term:
(1) "Ballot card" means the tabulating or punch card upon which an
elector records his or her vote by the use of a vote recorder.
"Ballot card" also means a ballot upon which an elector records
his or her vote for tabulation by an optical scan tabulating
(2) "Ballot labels" means the cards, paper, or other material
placed on the front of a voting machine or vote recorder
containing the names of offices and candidates and statements of
questions to be voted on.
(3) "Call" or "the call," as used in relation to special elections
or special primaries, means the affirmative action taken by the
responsible public officer to cause a special election or special
primary to be held. The date of the call shall be the date of the
first publication in a newspaper of appropriate circulation of
such affirmative action.
(4) "Custodian" means the person charged with the duty of testing
and preparing the voting machine or vote recorder for the primary
or election and with instructing the poll officers in the use of
(5) "Election" means any general or special election and shall not
include a primary.
(6) "Election district" is synonymous with the terms "precinct"
and "voting precinct."
(7) "Elector" means any person who shall possess all of the
qualifications for voting now or hereafter prescribed by the laws
of this state, including applicable charter provisions, and shall
have registered in accordance with this chapter.
(8) "General election" means an election recurring at stated
intervals fixed by law or by the respective municipal charters;
and the words "general primary" mean a primary recurring at stated
intervals fixed by law or by the respective municipal charters.
(9) "Governing authority" means the governing authority of a
(10) "Independent" means a person unaffiliated with any political
party or body and includes candidates in a special election for a
partisan office for which there has not been a prior special
(11) "Managers" means the chief manager and the assistant managers
required to conduct primaries and elections in any precinct in
accordance with this chapter.
(12) "Municipal office" means every municipal office to which
persons can be elected by a vote of the electors under the laws of
this state and the respective municipal charters.
(13) "Municipality" means an incorporated municipality.
(14) "Nomination" means the selection, in accordance with this
chapter, of a candidate for a public office authorized to be voted
for at an election.
(15) "November election" means the general election held on the
Tuesday next following the first Monday in November in each
(16) "Numbered list of voters" means one or more sheets of uniform
size containing consecutively numbered blank spaces for the
insertion of voters' names at the time of and in the order of
receiving their ballots or number slips governing admissions to
the voting machines.
(17) "Oath" shall include affirmation.
(18) "Official ballot" means a paper ballot which is furnished by the superintendent or governing authority in accordance with Code Section 21-2-280, including ballots read by optical scanning tabulators.
(19) "Official ballot label" means a ballot label prepared in accordance with Article 9 of this chapter and delivered by the superintendent to the poll officers in accordance with Code Sections 21-2-328 and 21-2-360.
(20) "Paper ballot" or "ballot" means the forms described in
Article 8 of this chapter. The term "paper ballot" shall not
include a ballot card.
(21) "Party nomination" means the selection by a political party,
in accordance with this chapter, of a candidate for a public
office authorized to be voted for at an election.
(22) "Plurality" means the receiving by one candidate alone of the
highest number of votes cast for eligible candidates in an
election among the candidates for the same office, provided that
such number of votes exceeds 45 percent of the total number of
votes cast in such election for such office. In the case where
two or more persons tie in receiving the highest number of votes
or no candidate receives more than 45 percent of the total votes
cast for eligible candidates in the election for the office sought
there is no plurality.
(23) "Political body" or "body" means any political organization
other than a political party.
(24) "Political organization" means an affiliation of electors
organized for the purpose of influencing or controlling the
policies and conduct of government through the nomination of
candidates for public office and, if possible, the election of its
candidates to public office, except that the term "political
organization" shall not include a "subversive organization" as
defined in Part 2 of Article 1 of Chapter 11 of Title 16, the
"Sedition and Subversive Activities Act of 1953."
(25) "Political party" or "party" means any political organization
which at the preceding:
(A) Gubernatorial election nominated a candidate for Governor
and whose candidate for Governor at such election polled at
least 20 percent of the total vote cast in the state for
(B) Presidential election nominated a candidate for President of
the United States and whose candidates for presidential electors
at such election polled at least 20 percent of the total vote
cast in the nation for that office.
(26) "Poll officers" means the chief manager, assistant managers,
and clerks required to conduct primaries and elections in any
precinct in accordance with this chapter.
(27) "Polling place" means the room provided in each precinct for
voting at a primary or election.
(28) "Precinct" is synonymous with the term "voting precinct" and
means a geographical area, established in accordance with this
chapter, within which all electors vote at one polling place.
(29) "Primary" means any election held for the purpose of electing
party officers or nominating candidates for public offices to be
voted for at an election.
(30) "Public office" means every federal, state, county, and
municipal office to which persons can be elected by a vote of the
electors under the laws of this state or the respective municipal
charters, except that the term shall not include the office of
soil and water conservation district supervisor.
(31) "Question" means a brief statement of such constitutional
amendment, charter amendment, or other proposition as shall be
submitted to a popular vote at any election.
(32) "Residence" means domicile.
(33) "Special election" means an election that arises from some
exigency or special need outside the usual routine.
(34) "Special primary" means a primary that arises from some
exigency or special need outside the usual routine.
(35) "Superintendent" means:
(A) Either the judge of the probate court of a county or the
county board of elections, the county board of elections and
registration, the joint city-county board of elections, or the
joint city-county board of elections and registration, if a
county has such;
(B) In the case of a municipal primary, the municipal executive
committee of the political party holding the primary within a
municipality or its agent or, if none, the county executive
committee of the political party or its agent;
(C) In the case of a nonpartisan municipal primary, the person
appointed by the proper municipal executive committee; and
(D) In the case of a municipal election, the person appointed by the governing authority pursuant to the authority granted in Code Section 21-2-70.
(36) "Swear" shall include affirm.
(37) "Tabulating machine" means any data processing machine used
in counting ballot cards and tabulating votes thereon.
(38) "Vote recorder" means a device into which a ballot card may
be inserted so that an elector may record his or her vote for any
candidate and for or against any question by punching or marking
the ballot card.
(39) "Voter" is synonymous with the term "elector."
(40) "Voting machine" shall not include a vote recorder or
(41) "Write-in ballot" means the paper or other material on which
a vote is cast for persons whose names do not appear on the
official ballot or ballot labels.