2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 5 - Vacation of Office
§ 45-5-3. Election or Appointment of Successor to Fill Unexpired Terms

1. In those instances where the law applicable to an elective public office does not provide for filling a vacancy in such office and the Governor fills such vacancy pursuant to the authority of Article V, Section II, Paragraph VIII(a) of the Constitution, the vacancy shall be filled as follows:
   1. If the vacancy occurs during the final 27 months of a term of office, the Governor shall appoint a person to fill such vacancy for the remainder of the unexpired term of office; or
   2. If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, the Governor shall appoint a person to fill such vacancy until such vacancy is filled for the unexpired term of office at a special election provided for in subsection (b) of this Code section.
2. When a special election is required to fill a vacancy for the unexpired term of office as provided by paragraph (2) of subsection (a) of this Code section, such special election shall be held on the same date as the general election which is first held following the date of the vacancy and in conjunction with such general election.
3. It shall be the duty of the appropriate state or local election officials to call and conduct the special elections required by subsection (b) of this Code section in accordance with the applicable provisions of Chapter 2 of Title 21, known as the "Georgia Election Code." Any person elected to fill a vacancy pursuant to subsection (b) of this Code section shall possess the qualifications to seek and hold such office provided by law applicable to the office wherein the vacancy occurred.
4. The provisions of this Code section shall not apply to a vacancy which occurs in any elective office of a municipality of this state.

(Ga. L. 1872, p. 82, § 10; Code 1873, § 138; Code 1882, § 138; Civil Code 1895, § 230; Civil Code 1910, § 265; Code 1933, § 89-502; Ga. L. 1984, p. 1152, § 1; Ga. L. 1996, p. 166, § 2; Ga. L. 2018, p. 111, § 1/HB 907.)

The 2018 amendment, effective March 22, 2018, substituted "Paragraph VIII(a) of the Constitution," for "Paragraph VIII, subparagraph (a) of the Constitution and in those instances where the Governor fills a vacancy in the office of district attorney pursuant to Article VI, Section VIII, Paragraph I, subparagraph (a) of the Constitution," in the middle of subsection (a).

- Designation of interim successors in event of unavailability of state officers following emergency or disaster, § 38-3-50.

Cited in Hooper v. Almand, 196 Ga. 52, 25 S.E.2d 778 (1943).

OPINIONS OF THE ATTORNEY GENERAL

Limitation on term of appointee.

- This section is a general statute and a close perusal of the statute will reveal that it the statute merely a limitation upon the length of time that certain officials may be appointed; the statute does not authorize any official to appoint, but merely limits the term of those officers who do have statutory authority to appoint in specific instances. 1957 Op. Att'y Gen. p. 58.

- A special election called by the Secretary of State is the proper procedure to fill the office of district attorney for the full four-year term beginning January 1, 1977, in the event the person elected to such office in the November 1976 general election has withdrawn. 1976 Op. Att'y Gen. No. 76-120.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 111 et seq., 148.

- 67 C.J.S., Officers and Public Employees, §§ 97, 110, 112.

- Power of legislature to extend term of public office, 97 A.L.R. 1428.

Election within contemplation of constitutional or statutory provisions relating to filling vacancy in public office occurring before expiration of regular term, 132 A.L.R. 574.

Notice of election to fill vacancy in office at general election, 158 A.L.R. 1184.

Vacancy in public office within constitutional or statutory provision for filling vacancy, where incumbent appointed or elected for fixed term and until successor is appointed or elected is holding over, 164 A.L.R. 1248.

Power to appoint public officer for term commencing at or after expiration of term of appointing officer or body, 75 A.L.R.2d 1277.