Overview

The Superior Courts play an important role in Georgia elections. For example, in some counties, like Clayton County, the Chief Judge of the Superior Court can remove members from the Board of Elections and Registration after the individual has been provided notice and a hearing on the removal has occurred. 2003 Ga. Act 425, § 5(2). In some counties, like DeKalb, the Chief Judge of the Superior Court chooses a member of the Board of Elections and Registration. [1] They can order hand recounts. Ga. Comp. R. & Regs. r. 183-1-15-.03(2)(a)(2). They also hear cases involving contested elections. O.C.G.A. § 21-2-524(a). Additionally, the Chief Judge of a Superior Court is responsible for appointing a sufficient number of individuals to serve on the Recount Teams in nonpartisan elections. See Ga. Comp. R. & Regs. r. 183-1-15-.03(d)(2).

Election-Related Duties

The key counting and certification duties of the Superior Court are:

1. The Superior Court has the authority to order a “manual hand count.” Ga. Comp. R. & Regs. r. 183-1-15-.03(2)(a)(2).
2. Hearing contested election cases. O.C.G.A § 21-2-523(a).
3. Issuing orders to ensure compliance with election laws on the day of an election. O.C.G.A. § 21-2-412.
4. In a county where the Election Superintendent is the Probate Judge and there is a vacancy or the Probate Judge has been incapacitated for more than five days, the Chief Judge of the Superior Court will appoint a “qualified individual” to serve as an acting Election Superintendent until the vacancy is filled or the incapacitation ends. O.C.G.A §§ 21-2-74.1(a), (b). (See “Vacancy” on the Election Superintendent page for more).

Selection and Vacancy Information

• Elected: Members of the Superior Court are elected in nonpartisan elections. Ga. Const. Art. VI, § VII, Para. I.
  • Each county has its own Superior Court. Ga. Const. Art. VI, § I, Para. VI.
  • There are 50 judicial circuits made up of Superior Courts. O.C.G.A. § 15-6-1.
  • The 10 judicial districts are made up of the judicial circuits. See Find My Local Sup. Ct.****
• Term of Office: Each judge on the court serves four years. Ga. Const. Art. VI, § VII, Para. I.
• Next Election: Elections are staggered, but the next general election for nonpartisan offices in Georgia will be in 2026. O.C.G.A. § 21-2-139(a).
• Qualifications:
  • An individual must have been admitted to practice law for at least seven years in order to be qualified to serve as a Superior Court judge. Ga. Const. Art. VI, § VII, Para. II.
  • An individual must have been a citizen of Georgia for at least three years. O.C.G.A. § 15-6-4(a).
  • The individual must be at least 30 years old on Election Day in order to be qualified to be a Superior Court judge. O.C.G.A. § 15-6-4(a).
  • An individual must be a member in good standing with the State Bar of Georgia to be qualified to be a Superior Court judge. O.C.G.A. § 15-6-4(a).
  • The individual must be a resident of the judicial circuit in which they wish to serve as a Superior Court judge. Ga. Const. Art. VI, § VII, Para. II(d); O.C.G.A. § 15-6-4.1.
• Vacancy: The Governor fills vacancies by appointment. Ga. Const. Art. VI, § VII, Para. III. The appointee serves until the next general election that is at least six months after the appointment. Ga. Const. Art. VI, § VII, Para. IV. The reasoning of the Supreme Court of Georgia is that “the six month provision gives the voters the right to select the holders of elective office, yet affords the appointee a sufficient opportunity to demonstrate the merit, or lack thereof, of the appointee’s service.” Barrow v. Raffensperger (Ga. 2020) at 674. The result is that if there are not six months or more left in the term when the appointment is made, the appointee serves the remainder of the original term, and then two more years (until the next general election).

Footnotes