2020 Georgia Code
Title 21 - Elections
Chapter 4 - Recall of Public Officers
§ 21-4-1. Short Title

This chapter shall be known and may be cited as the "Recall Act of 1989."

(Code 1981, §21-4-1, enacted by Ga. L. 1989, p. 1721, § 1.)

- Vacation of office, T. 45, C. 5.

JUDICIAL DECISIONS

Construction with other law.

- A city commissioner's removal from office, based on acts committed prior to taking office, was erroneous because: (1) removal was not authorized by the city's charter; (2) the commissioner's conduct of maintaining innocence until the entry of a guilty plea after taking office was not an official act or one done under the color of the office; and (3) the acts committed did not prevent the commissioner from performing the duties of that post. Moreover, while the acts committed did not subject the commissioner to removal pursuant to the terms of the city charter, the acts would have been more appropriately the subject of a recall petition pursuant to O.C.G.A. § 21-4-1 et seq. Ciccio v. City of Hephzibah, 289 Ga. App. 134, 656 S.E.2d 245 (2008), cert. denied, No. S08C0862, 2008 Ga. LEXIS 474 (Ga. 2008).

Cited in Hunter v. George, 265 Ga. 573, 458 S.E.2d 830 (1995).

RESEARCH REFERENCES

ALR.

- Validity, under state constitutions, of private shopping center's prohibition or regulation of political, social, or religious expression or activity, 52 A.L.R.5th 195.

Sufficiency of particular charges as affecting enforceability of recall petition, 114 A.L.R.5th 1.

Sufficiency of technical and procedural aspects of recall petitions, 116 A.L.R.5th 1.

Constitutionality of state and local recall provisions, 13 A.L.R.6th 661.