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2006 Georgia Code - 21-4-11
21-4-11. (a) The election superintendent shall be
responsible for determining the legal sufficiency of the recall
petition within 30 days after it has been filed with him or her;
provided, however, that in cases where more than one recall
petition is subject to review for verification, the election
superintendent shall be responsible for determining the legal
sufficiency of any recall petition within 45 days after it has been
filed with him or her. The election superintendent or a designee is
granted unrestricted authority to examine the registration records
maintained by the board of registrars, to receive evidence and
testimony, and to require the personal appearance of any person
signing such recall petition for the purpose of determining if the
signers are qualified electors eligible to sign the recall
petition. If the election superintendent shall not be reasonably
able to ascertain that any signature is that of a qualified elector
eligible to sign the recall petition, such signature shall not be
counted in determining whether the petition contains a sufficient
number of signatures as required by law. The nullification of a
signature on any sheet of the recall petition shall not affect the
validity of other signatures contained on such sheet.
(b) A recall petition shall not be
accepted for verification for: (1) Any state-wide office if more than 90 days
have elapsed since the date the official recall petition forms were
issued to the sponsors; (2)
Any officer holding an office other than state-wide office and for
whom not less than 5,000 signatures are required for the recall
petition under paragraph (2) of subsection (a) of Code Section
21-4-4 if more than 45 days have elapsed since the date the
official recall petition forms were issued to the sponsor;
or (3) Any officer holding an
office other than a state-wide office and for whom less than 5,000
signatures are required under paragraph (2) of subsection (a) of
Code Section 21-4-4 if more than 30 days have elapsed since the
date the official recall petition forms were issued to the
sponsors. (c)(1) No recall
petition shall be amended, supplemented, or returned after it has
been filed with the election superintendent for
verification. (2) If a recall
petition contains more than one sheet, such recall petition shall,
when offered for filing, be bound together and each sheet shall be
numbered consecutively at the foot of each page beginning with page
one. (d) Within five days,
excluding Saturdays, Sundays, and legal holidays, after the
election superintendent has certified the legal sufficiency of a
petition, he or she shall immediately notify the Governor or the
appropriate official, who shall call the recall election as
provided in Code Section 21-4-13. (e) Upon certifying the legal sufficiency or
insufficiency of a recall petition, the election superintendent
shall immediately notify the petition chairman and the officeholder
in writing of the results and officially file the certification of
the petition.
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