2025 Code of Georgia
Title 21 - Elections (Chs. 1 — 5)
Chapter 4 - Recall of Public Officers (§§ 21-4-1 — 21-4-21)
§ 21-4-1. Short title
This chapter shall be known and may be cited as the “Recall Act of 1989.”
History
Code 1981, § 21-4-1, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
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 Ga. App. LEXIS 16 (2008), cert. denied, No. S08C0862, 2008 Ga. LEXIS 474 (Ga. May 19, 2008).
Research References & Practice Aids
Cross references.Vacation of office, T. 45, C. 5.
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.
Hierarchy Notes:O.C.G.A. Title 21
O.C.G.A. Title 21, Ch. 4
