State Constitutional Law: Developments in Georgia Election

Authors

Bryan P. Tyson
Bryan F. Jacoutot
Diane F. LaRoss

Publication Date

12-19-2025

Document Type

Survey Article

Abstract

Since the 2018 election, the election process in Georgia has been subjected to intense scrutiny both on the campaign trail and in the courtroom through a variety of lawsuits. Cases in superior courts and the Supreme Court of Georgia have challenged everything from candidate eligibility to election outcomes to the voting machines used in elections. While much of the highest-profile litigation has been in federal court, state law regarding election administration and post-election contests has developed in significant ways during that time period. This Article reviews some of the most significant cases involving Georgia election law that have made their way through the state’s courts over the past seven years. For purposes of this Article, the definition of “election law” roughly tracks the definition the Supreme Court of Georgia uses when defining what are “cases of election contest” under article VI, section VI, paragraph 2 of the Georgia Constitution: “challenges to the candidates for and results of elections,” including pre-election challenges to the eligibility of candidates and also includes challenges to election administration generally.

This Survey first provides a general overview of Georgia’s statutory structure for elections in Section II. This includes the role and responsibilities of the various officials involved in administering elections. It then considers the development of standing law in Georgia and how that impacts election-related litigation in Section III, especially the relevance to challenges to election procedures. The Survey then reviews the standards that apply to pre-election and post-election challenges in Sections IV and V. It then considers some specific elements of cases, including challenges to voting machines in Section VI, and the supreme court’s recent requirement of expedition in voting cases in Section VII.

As long as Georgia remains a battleground state with close elections, litigation over the administration of elections will continue. While Georgia law has developed significantly over the past seven years, there is no indication that the trend to run to court to deal with close elections will change at any point soon.

Recommended Citation

Tyson, Bryan P.; Jacoutot, Bryan F.; and LaRoss, Diane F. (2025) "State Constitutional Law: Developments in Georgia Election," Mercer Law Review: Vol. 77: No. 1, Article 9.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol77/iss1/9