2020 Georgia Code
Title 21 - Elections
Chapter 4 - Recall of Public Officers
§ 21-4-13. Recall Election - Time for Holding; Officer to Call Election; Publication of Call; Form of Ballots; Vote Required to Effectuate Recall; Special Election to Fill Vacancy Created
- 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.
- A recall election shall be called:
- By the Governor, if for a state officer;
- By the election superintendent of the county, if for a county officer; or
- By the election superintendent of the municipality, if for a municipal officer.
- If a recall petition is against an officer who is directed by this Code section to call the election, it shall be called:
- By the Secretary of State, if for the Governor; or
- 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.
- The official call for such election shall be published one time as follows:
- In a newspaper of general circulation in the electoral district, if such election is for a state officer;
- In the official organ of the county, if such election is for a county officer; or
- In the official gazette of the municipality, if such election is for a municipal officer.
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.
(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:
"[ ] YES Shall (name of officeholder), (name of office), be recalled and removed from public office on the [ ] NO 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.)?"
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.
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.
(Code 1981, §21-4-13, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1993, p. 118, § 1.)Cross references.
- Filling of vacancies in public offices generally, T. 45, C. 5 and § 45-12-50 et seq.JUDICIAL DECISIONS
Cited in Collins v. Morris, 263 Ga. 734, 438 S.E.2d 896 (1993).
OPINIONS OF THE ATTORNEY GENERAL
- In light of the similarity of the statutory provisions, opinions decided prior to the 1989 revision of this chapter and under former § 21-4-12 are included in the annotations for this Code section.Filling vacancy on county school board.
- Former O.C.G.A. §§ 21-4-11 and21-4-12(g) (see O.C.G.A. § 21-4-13) govern the manner of filling a vacancy on a county school board created by the resignation of a member of the county school board subsequent to the filing of an application for a recall petition, but prior to a recall election, or as a result of a recall election, respectively. 1985 Op. Att'y Gen. No. 85-46 (decided under former § 21-4-12 prior to 1989 revision).Duty to run county school system between time of recall and special election.
- The county school superintendent is charged with the duty of continuing to effectuate and enforce the rules, regulations, and instructions of the county board of education and continuing to operate the county school system during the period of time between the successful recall of all or a majority of the county board of education and the filling of the vacancies on the county board of education by special election. 1985 Op. Att'y Gen. No. U85-43 (decided under former § 21-4-12 prior to 1989 revision).
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 207.C.J.S.
- 67 C.J.S., Officers and Public Employees, § 271 et seq.