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2006 Georgia Code - 21-4-13
21-4-13. (a) Within ten days after having received
certification of the sufficiency of the recall petition by the
election superintendent, a recall election shall be called and
published, as provided in this Code section, and shall be conducted
not less than 30 days nor more than 45 days after such call;
provided, however, that, if a primary or general election is to be
held not less than 30 days nor more than 45 days after such call is
issued, the recall election shall be conducted on that date.
(b) A recall election shall be
called: (1) By the Governor,
if for a state officer; (2)
By the election superintendent of the county, if for a county
officer; or (3) By the
election superintendent of the municipality, if for a municipal
officer. (c) If a recall
petition is against an officer who is directed by this Code section
to call the election, it shall be called: (1) By the Secretary of State, if for the
Governor; or (2) By the clerk
of the superior court, if for the judge of the probate court and
such judge serves as the election superintendent of the
county. (d) The official call
for such election shall be published one time as follows:
(1) In a newspaper of general
circulation in the electoral district, if such election is for a
state officer; (2) In the
official organ of the county, if such election is for a county
officer; or (3) In the
official gazette of the municipality, if such election is for a
municipal officer. (e) It
shall be the duty of the appropriate official authorized by law to
conduct elections to hold and conduct the recall election and to
declare and certify the results; provided, however, that if the
person sought to be recalled is the official authorized by law to
conduct elections, the clerk of the superior court of the county in
which such recall election is to be held shall hold and conduct the
recall election and declare and certify the results. The ballot for
the recall election shall state the name and office of the person
whose recall has been petitioned, and the ballot shall be in the
form prescribed by law for state, county, or municipal officers.
The ballot shall have written or printed thereon the
following:
If more than one public officer is subject to a recall election in the same precinct, the election superintendent may prepare a recall ballot so as to include on a single ballot separate recall questions for each of the officers sought to be recalled. (f) Those persons desiring to vote in favor of recall shall vote 'Yes,' and those persons desiring to vote against recall shall vote 'No.' If more than one-half of the votes cast on such question are in favor of recall, the public office in question shall immediately become vacant. Otherwise, the public official named in the recall petition shall continue in office. (g) A special election shall be called by the appropriate state or local official to fill a vacancy created by recall. The special election shall be called within ten days after the date of the recall election and shall be conducted at least 30 days but not more than 45 days following the call. If no official is specifically designated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under this chapter shall be eligible to offer for election to fill the vacancy created by recall.
| '( ) YES ( ) NO |
Shall (name of officeholder), (name of office), be recalled and removed from public office on the grounds that said official has, while holding public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public and on the ground(s) that such official ______________(State the appropriate ground or grounds for recall as set forth in subparagraph (B) of paragraph (7) of Code Section 21-4-3.)?' |
If more than one public officer is subject to a recall election in the same precinct, the election superintendent may prepare a recall ballot so as to include on a single ballot separate recall questions for each of the officers sought to be recalled. (f) Those persons desiring to vote in favor of recall shall vote 'Yes,' and those persons desiring to vote against recall shall vote 'No.' If more than one-half of the votes cast on such question are in favor of recall, the public office in question shall immediately become vacant. Otherwise, the public official named in the recall petition shall continue in office. (g) A special election shall be called by the appropriate state or local official to fill a vacancy created by recall. The special election shall be called within ten days after the date of the recall election and shall be conducted at least 30 days but not more than 45 days following the call. If no official is specifically designated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under this chapter shall be eligible to offer for election to fill the vacancy created by recall.
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