ACLU of Georgia

HB 64 – Procedures for death of a candidate bill

HB 64 – Procedures for death of a candidate bill

Sponsored by: Rep. Houston Gaines, Rep. Marcus Wiedower

Committee: House Special Committee on Election Integrity


  • Addresses the situation in a nonpartisan election where a candidate dies before the election. In this situation, this bill calls for the candidate to stay on the ballot, and if the candidate wins the election or qualifies for a runoff, the vacancy will be filled through either a special election or a runoff between the next two highest vote-getters.
  • Current law states that any votes for a candidate who passed away before the election get thrown out, in partisan or nonpartisan elections. For a partisan election, the party whose candidate passed away can nominate a replacement, but in a nonpartisan election, under the status quo, the candidate who passed away has their votes voided, and the election is treated as if those votes never existed.

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ACLU of Georgia’s Position:


Georgia State Capitol