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Georgia Election Law Questions & Answers
1 Answer | Asked in Real Estate Law, Business Law, Election Law and Gov & Administrative Law for Georgia on
Q: Our HOA mgmt. co. broke several bylaw and CC&R rules to elect a puppet board. What are our options as a community?

Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Election Law for Georgia on
Q: In Georgia, USA, can an HoA limit political speech (displaying a sign)?

The HoA Covenants and Restrictions prohibit any sign not explicitly approved by the HoA; however, this provision has been historically, unequally, and inconsistently, enforced.

James L. Arrasmith
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answered on Sep 25, 2024

In Georgia, an HOA can impose restrictions on signage, including political signs, if those rules are laid out in the HOA's Covenants, Conditions, and Restrictions (CC&Rs). However, these restrictions must be applied consistently and fairly to avoid claims of discrimination or selective... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Georgia on
Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?

This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280).

James L. Arrasmith
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answered on Nov 9, 2023

Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses.... View More

1 Answer | Asked in Election Law for Georgia on
Q: If I wear a campaign tshirt for a 2020 candidate while voting in 2019, is that electioneering or otherwise improper?
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 28, 2019

Yes, it is improper. In the state of Georgia, voters are not permitted to wear campaign related materials, and T-shirts are considered “materials.” It will not matter that you are wearing a shirt for a 2020 candidate and voting in 2019.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Georgia on
Q: how do I be a part of the senate in the state of Georgia in 2019?

I am a 29 year civilian ga resident in the state of ga.

I will be 30 years old in the next two months in August. What do I have to do? I have been a local resident in the city of Decatur for 10 years.

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2019

in most states you petition to get on the ballot. Contact the Ga.Secretary of State's office. Good luck!

1 Answer | Asked in Election Law for Georgia on
Q: Is it perjury for an indep. candidate to sign the circulator's oath stating he was the sheet circulator but was not?

The Independent candidate petitioning has 18 pages of signatures. He signed the sworn Circulator's Affidavit on all 18 pages. We have electors that have signed statements and will testify that he was not the circulator. He has perjured himself. Is this grounds to reject his petition? Can he be... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 23, 2016

Not perjury per se. It is making a false affidavit which in many states is a different offense. Yes it would invalidate petitions in most states. Note that there is a deadline for filing objections to petitions .

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