Overview

Contests are filed in Georgia when there are suspected violations of election laws and any of the statutory grounds for bringing a contest are met. [1]

Standing

Two categories of people have standing to contest an election. First, the losing candidate in an election has a right to contest their election. The second category is any voter that was entitled to vote on a ballot issue has a right to contest the election pertaining to that ballot issue. O.C.G.A. § 21-2-521.

Grounds

The result of an election may be contested on one or more of the following grounds:

1. misconduct, fraud, or irregularity by any election official(s) sufficient to change or place in doubt the result;
2. the defendant candidate is ineligible for the nomination or office in dispute;
3. illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;
4. any error in counting the votes or declaring the result, if such error would change the result; or
5. any other cause showing that another candidate was the person legally nominated, elected, or eligible to compete in a runoff election. O.C.G.A. § 21-2-522.

Parties to a Contest Case

Election contests include two parties: a “contestant” and a “defendant” (or defendants). A “contestant” refers to anyone who is entitled to bring a contest. O.C.G.A. § 21-2-520(1). A “defendant” could refer to several different parties: it could be the “person whose … election is contested;” it could be the “person or persons whose eligibility to seek … office in a run-off … election is contested;” it could be the “election superintendent or superintendents who conducted the contested … election;” or it could be the “public officer who formally declared the number of votes for and against any question submitted” to the voters in an election. O.C.G.A. § 21-2-520(2).

Process for Initiating an Election Contest

A contest case is tried and determined by the Superior Court of the county where the defendant resides. O.C.G.A. § 21-2-523; see also O.C.G.A § 21-2-520(2). A litigant may demand a trial by jury at any time prior to the call of the case. O.C.G.A. § 21-2-526(a). After hearing the allegations and evidence in the contest the court will declare a candidate either nominated, elected, or eligible (to compete in a runoff) or not.

Filing for Contest

The process begins by a contestant filing a petition to contest the election with the appropriate Superior Court Clerk within five days after the certification of returns. O.C.G.A. § 21-2-524(a). The petition must allege:

• the “contestant’s qualification to institute the contest”;
• the contestant’s “desire to contest the result” of the election, and the name of the office or ballot issue involved in the contest;