Overview

The Election Superintendent is the primary county-level election administrator. See O.C.G.A. § 21-2-70. Which official(s) holds this role, how they are chosen, and what the body is called, however, varies by county. By statutory default, this role is held by the Probate Judge for the county. See O.C.G.A. § 21-2-74(a); [1] see also O.C.G.A. § 21-2-76. [2] **For most counties, however, establishing legislation has been passed by the Georgia General Assembly to create a Board of Elections, or if establishing legislation combines the roles of Election Superintendent and registration, a Board of Elections and Registration. [3] O.C.G.A. § 21-2-40. Legislation passed after the 2020 election granted the State Election Board with the power to suspend the Election Superintendent and replace them on a temporary basis. O.C.G.A. § 21-2-33.1(f). [4]

Election-Related Duties

Whatever entity takes on the role of the Election Superintendent, the key duties relating to the counting and certification processes are:

  1. Purchasing, preserving, storing, and maintaining election equipment, ballots and supplies; however, this does not include purchasing voting machines. O.C.G.A. § 21-2-70(5).
  2. Appointing poll officers and other officers to serve in elections. O.C.G.A. § 21-2-70(6).
  3. Making and issuing rules, regulations, and instructions for the guidance of poll officers and electors, provided that they are consistent with law, including rules and regulations promulgated by the State Election Board. O.C.G.A. § 21-2-70(7).
  4. Instructing poll officers of their duties. O.C.G.A. § 21-2-70(8).
  5. Processing absentee ballots. Ga. Comp. R. & Regs. r. 183-1-14-.14(1).
  6. Inspecting the conduct of elections to ensure that they are conducted “honestly, efficiently, and uniformly.” O.C.G.A. § 21-2-70(8).
  7. Receiving election returns from poll officers. O.C.G.A. § 21-2-70(9).
  8. Canvassing, computing, and certifying the results of elections. O.C.G.A. § 21-2-70(9).
  9. Publicly announcing the results of elections. O.C.G.A. § 21-2-70(10).
  10. Playing a role in the risk limiting audit process and recount, where applicable. Ga. Comp. R. & Regs. r. 183-1-15-.04(2)7.
  11. Preparing an annual budget estimate. O.C.G.A. § 21-2-70(12).
  12. Completing a certification program (training) as required by Georgia code. O.C.G.A. §§ 21-2-70(14), 21-2-101(a).

Selection and Vacancy Information

Note: In 2023, the Georgia Governor signed SB 212 into law. This legislation removes election-related duties as one of the responsibilities of Probate Judges in all counties starting on January 1, 2025. As a result, this change will not impact elections in the 2024 cycle.

Probate Judge as Election Superintendent