Overview

The State Election Board, selected by the Georgia legislature and the two major political parties, possesses a broad range of compliance powers related to the vote counting and election certification processes. Crucially, it is responsible for promulgating rules and regulations to ensure the uniformity of election administration throughout the state. O.C.G.A. § 21-2-31(1). It also has significant enforcement powers including the ability to review the performance of county Election Superintendent(s) and order a suspension or reinstatement based on its findings. O.C.G.A. §§ 21-2-33.1(f), -33.2. Additionally, it has the power to investigate fraud and irregularities in elections or authorize the Secretary of State to investigate these. O.C.G.A. § 21-2-31(5). The State Election Board then reports any violations either to the Attorney General or to the appropriate District Attorney for further investigation and prosecution. O.C.G.A. § 21-2-31(5).

Election-Related Duties

The key duties of the State Election Board are:

1. Adopting new rules and regulations, as well as amending existing ones. O.C.G.A. § 21-2-31(1).
2. Appointing an independent performance review board to investigate a county Election Superintendent. O.C.G.A. § 21-2-107(a). Based on the findings of this board, the State Election Board can hold hearings, with potential consequences rising to the level of suspending a county Superintendent. O.C.G.A. §§ 21-2-33.2(b), (c), (e), (g).
3. Referring violations of election law to the Attorney General or the appropriate District Attorney for further investigation and prosecution. O.C.G.A. § 21-2-31(5).
4. Making emergency rules “in circumstances of imminent peril to public health, safety, or welfare.” O.C.G.A. § 21-2-35(a). A more detailed explanation of the process can be found on the page for State Election Board Emergency Powers.
5. Instituting or intervening in court actions “to compel compliance” with any election law, rule, or regulation of the state, “to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection [with elections], including the right to seek such relief for any anticipatory breach.” O.C.G.A. § 21-2-32(a).
6. Choosing which additional race will be subject to a risk limiting audit, if the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives cannot decide by majority vote by 11 a.m. on the Thursday following the election. This is a duty of the Chairperson of the State Election Board. O.C.G.A. § 21-2-498(d).
7. Reviewing sworn statements on provisional ballots. O.C.G.A. § 21-2-419(c)(2).

Selection and Vacancy Information

• Appointed or ex officio (varies by member) [1]

  • Appointed:
    • Chairperson: Elected by a majority vote of the General Assembly in regular session, in odd-numbered years. O.C.G.A. § 21-2-30(a).
    • Senate Appointee: The Senate elects one representative in regular session, in odd-numbered years. O.C.G.A. § 21-2-30(a).
    • House Appointee: The House of Representatives elects one member of the board in regular session, in odd-numbered years. O.C.G.A. § 21-2-30(a).
    • Republican Party Appointee: The executive committee of the Georgia Republican Party nominates one of its members in even-numbered years to the Governor, who must appoint that member to serve on the board for a term of two years. O.C.G.A. §§ 21-2-30(a), (c).
    • Democratic Party Appointee: The executive committee of the Democratic Party of Georgia nominates one of its members in even-numbered years to the Governor, who must appoint that member to serve on the board for a term of two years. O.C.G.A. §§ 21-2-30(a), (c).
  • Ex officio:
    • Executive Director: The Executive Director of the State Election Board is appointed by the State Election Board, and serves as the secretary of the board, but is a nonvoting member. O.C.G.A. § 21-2-30(h).

• Makeup: The State Election Board is composed of a nonpartisan Chairperson elected by the Georgia General Assembly, a member appointed by the Senate and one by the House, a member appointed by each major political party, and an Executive Director appointed by the State Election Board itself. O.C.G.A. §§ 21-2-30(a), (d), (h).

• Tiebreaking: **There are no operative rules (e.g., bylaws) for resolving ties. Note that the board is has an odd number of members, meaning that a tie could only happen when there is a vacancy or a member recuses themself. See O.C.G.A. §§ 21-2-30(d), (h).

• Term of Office: Members appointed by the General Assembly serve two-year terms, starting immediately after their appointment in odd-numbered years. O.C.G.A. § 21-2-30(a.1)(2), (b). Members representing the political parties also serve two-year terms, starting in even-numbered years. O.C.G.A. §§ 21-2-30(a), (c).

• Qualifications and Restrictions:

  • Chairperson: They must be nonpartisan and cannot “have qualified as a partisan candidate for public office, participated in a political party organization or the campaign of a partisan candidate for public office, or made any campaign contributions to a partisan candidate for public office” in the two years immediately preceding the appointment. O.C.G.A. § 21-2-30(a.1)(2).
  • All Members:
    • Members of the State Election Board cannot be a member of the General Assembly. O.C.G.A. § 21-2-30(a).
    • A member of the State Election Board must immediately resign if they become a candidate for any office regulated by the Board. O.C.G.A. § 21-2-30(f).

• Vacancy:

  • Chairperson:
    • If the General Assembly is in session, the Chairperson is elected in the same way as the initial election method. O.C.G.A. § 21-2-30(a.1).
    • If the General Assembly is not in session, the Governor appoints a Chairperson to fill the gap until the next regular session of the General Assembly. O.C.G.A. § 21-2-30(a.1)(3).
  • General Assembly Appointees:
    • They may be removed from the State Election Board by a majority vote of the house which elected the member. O.C.G.A. § 21-2-30(b).
    • If the vacancy occurs when the General Assembly is not in session, the President of the Senate or the Speaker of the House respectively appoints a replacement. O.C.G.A. § 21-2-30(b).
  • Political Party Appointees:
    • The statutory language implies that the state executive committee of a political party may remove its appointed member from the State Election Board prior to the end of a two-year term. O.C.G.A. § 21-2-30(c) (noting the statute states that “a member of the board to serve for a term of two years from the date of the appointment and until his or her successor is elected and qualified, unless sooner removed”) (emphasis added).
    • The state executive committee of a political party must select a nominee to fill a vacancy within 30 days. O.C.G.A. § 21-2-30(c).
  • Executive Director:
    • The Executive Director serves “at the pleasure of the board . . . .” O.C.G.A. § 21-2-30(h).

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  Footnotes