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2006 Georgia Code - 21-2-503
21-2-503. (a) A commission which is to be issued, as
provided for by this chapter, to any person elected to any office
shall be issued notwithstanding the fact that the election of such
person to any such office may be contested in the manner provided
by this chapter. Whenever it shall appear, by the final judgment of
the proper tribunal having jurisdiction of a contested election,
that the person to whom such commission shall have been issued has
not been elected legally to the office for which he or she has been
commissioned, then a commission shall be issued to the person who
shall appear to be elected legally to such office. The issuing of
such commission shall nullify the commission already issued; and
all power and authority first issued under such commission shall
thereupon cease. (b) A person
elected to a municipal office may be sworn into office
notwithstanding that the election of such person may be contested
in the manner provided by this chapter. Upon the final judgment of
the proper tribunal having jurisdiction of a contested election
which orders a second election or declares that another person was
legally elected to the office, the person sworn into municipal
office shall cease to hold the office and shall cease to exercise
the powers, duties, and privileges of the office
immediately.
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