2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 12 - Governor
Article 3 - Appointments and Vacancies
§ 45-12-50. Duty to Appoint Officers and Fill Vacancies

The Governor shall appoint all officers and fill all vacancies unless otherwise prescribed by the Constitution and laws of this state. All appointments to discharge a public duty by the General Assembly, or by the Governor under its authority, are offices within the meaning of the Constitution of Georgia.

(Orig. Code 1863, § 72; Code 1868, § 66; Code 1873, § 69; Code 1882, § 69; Civil Code 1895, § 132; Civil Code 1910, § 155; Code 1933, § 40-301.)

- Power of Governor to fill vacancies in office, Ga. Const. 1983, Art. V, Sec. II, Para. VIII.

Call by Governor of special election to fill vacancy created by recall election, § 21-4-13.

Authority of Governor to appoint qualified persons to state examining boards notwithstanding laws requiring appointment of nominees of private organizations or associations to such boards, § 43-1-14.

Vacating of public offices, T. 45, C. 5.

- For article discussing control of tenure of executive officers by the president and the Governor, see 3 Ga. B.J. 13 (1941). For article discussing appointment and removal power of Governor, see 14 Ga. B.J. 171 (1951). For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners (now Georgia Composite Medical Board) be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

JUDICIAL DECISIONS

Authority to fill vacancies.

- When the Constitution creates an office to be filled by appointment of the Governor, it is immaterial whether the office has "become vacant"; it is sufficient that a vacancy exists since in the former case the Governor may fill it, under the express words of the Constitution, and in the latter case, the Governor may fill it under this section, which authorizes the Governor to appoint all officers and fill all vacancies, when no other mode is provided by the Constitution and laws. Gormley v. Taylor, 44 Ga. 76 (1871).

- While by Ga. Const. 1945, Art. V, Sec. I, Para. XIII (see now Ga. Const., 1983, Art. V, Sec. II, Para. VIII) and by former Code 1933, § 40-301 (see now O.C.G.A. § 45-12-50), the Governor was required to fill vacancies in office by appointment, this requirement did not extend to or embrace filling a vacancy in term, but had reference solely to filling a vacancy in office. Roan v. Rodgers, 201 Ga. 696, 40 S.E.2d 551 (1946).

Cited in Russell v. Cooley, 69 Ga. 215 (1882); Kaigler v. Floyd, 187 Ga. 441, 200 S.E. 784 (1939); Britton v. Bowden, 188 Ga. 806, 5 S.E.2d 47 (1939).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, § 5 et seq.

- 67 C.J.S., Officers, §§ 174, 175. 81A C.J.S., States, §§ 177, 178.

- Reconsideration of appointment, or confirmation of appointment, to office, 89 A.L.R. 132.