2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 12 - Governor
Article 3 - Appointments and Vacancies
§ 45-12-52. Filling of Vacancies When Advice and Consent of Senate Required; Interim Appointment

1. In case of a vacancy from any cause in any office, the full term of which, by the Constitution of Georgia, is to be filled by the Governor with the advice and consent of the Senate, the Governor shall appoint and commission some qualified person to fill the vacancy until the next meeting of the General Assembly, when said vacancy shall be filled in the manner described in the Constitution of Georgia for filling the full term of such office. All existing vacancies and all vacancies which may occur during the session of the General Assembly shall be filled pursuant to this Code section.
2. Where it shall be incumbent upon the Governor to appoint a public officer subject to confirmation of or by and with the advice and consent of the Senate, the office shall be deemed vacant at the expiration of the term of such officer, and he shall not hold over until his successor shall have been appointed and confirmed. The Governor may make an appointment to fill such vacancy ad interim; and the appointee shall hold office until the Senate shall next convene, at which time the Governor shall submit an appointment to fill such vacancy to the Senate for confirmation. The appointee, if confirmed, shall hold over until the expiration of the term for which he was appointed; provided, however, that the Governor shall not appoint ad interim any person previously rejected by the Senate. Whenever the Senate is in session, the Governor shall submit the names of appointees to fill all vacancies which will occur within eight months after the date fixed for the convening of the Senate.

(Ga. L. 1871-72, p. 284, § 1; Code 1873, § 70; Code 1882, § 70; Civil Code 1895, § 133; Civil Code 1910, § 156; Ga. L. 1931, p. 7, § 116; Code 1933, § 40-302.)

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

Public officers holding over, § 45-2-4.

JUDICIAL DECISIONS

Construction of terms.

- In O.C.G.A. § 45-12-52, the language, "until the Senate shall next convene," should be construed as including the next session of the Senate until such time as an appointment is confirmed during the session. Stanley v. Sims, 185 Ga. 518, 195 S.E. 439 (1937).

This general law was by implication written into special laws creating the office of solicitor of the City Court of Athens and became a part thereof and thus provided machinery for election of that solicitor. Upson v. Almand, 190 Ga. 376, 9 S.E.2d 662 (1940).

Cited in Kaigler v. Floyd, 187 Ga. 441, 200 S.E. 784 (1939); Britton v. Bowden, 188 Ga. 806, 5 S.E.2d 47 (1939); Butts v. Curtis Publishing Co., 242 F. Supp. 390 (N.D. Ga. 1964).

Ga. L. 1943, p. 208, § 1 (see now O.C.G.A. § 45-12-54) has not repealed or superseded former Code 1933, § 40-302 (see now O.C.G.A. § 45-12-52), and the two statutes should be construed, when possible, so as to make both stand and give effect to each. 1960-61 Op. Att'y Gen. p. 452.

- Former Code 1933, § 40-302 (see now O.C.G.A. § 45-12-52) used the word "vacancy" in a sense different from its ordinary legal meaning in that as used therein it includes situations where a term of office simply expires in the ordinary manner. 1960-61 Op. Att'y Gen. p. 452.

The fact each General Assembly meets in two annual sessions does not require that all appointments be submitted to the Senate at the first session following the election and organization thereof, as this section says that such appointments can be submitted to the Senate "whenever in session." 1960-61 Op. Att'y Gen. p. 452.

- A person whose appointment has been affirmatively rejected by the Senate is not eligible to be reappointed to succeed oneself in that office for at least one year following the Senate rejection. 2003 Op. Att'y Gen. No. 2003-5.

- When the Senate declined to consider and vote on gubernatorial appointments, as to those appointments made pursuant to the Governor's authority under the Constitution or under O.C.G.A. § 45-12-52(b), because there was no affirmative rejection, the appointees are not disqualified from reappointment. 2003 Op. Att'y Gen. No. 2003-5.

RESEARCH REFERENCES

Am. Jur. 2d.

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

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

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