2025 Code of Georgia
Title 45 - Public Officers and Employees (Chs. 1 — 25)
Chapter 5 - Vacation of Office (§§ 45-5-1 — 45-5-7)
Annotations
Opinion Notes
OPINIONS OF THE ATTORNEY GENERAL Recall election provisions may be invoked during official’s appeal of felony conviction. —The recall election procedures of the “Public Officers Recall Act”, O. C. G. A. § 21-4-1 et seq., may be invoked by electors with respect to a public official notwithstanding the pendency of that official’s appeal of a felony conviction. 1983 Op. Att'y Gen. No. 83-16.
Research References & Practice Aids
Cross references.Recall of public officials holding elective office, Ga. Const. 1983, Art. II, Sec. II, Para IV.
Power of Governor to fill vacancies in office, Ga. Const. 1983, Art. V, Sec. II, Para. VIII.
Substitution of parties in action against public officer when officer dies, resigns, or otherwise leaves office during pendency of action, § 9-11-25.
Substitute nominations to fill vacancies in party nominations upon death or disqualification, of nominee, § 21-2-134.
Special elections and primaries, § 21-2-540 et seq.
Recall of public officers, § 21-4-1 et seq.
Delivery of books, papers, and other office property to successor to public office, § 45-6-7 et seq.
Powers and duties of Governor with regard to appointment of officers and filling of vacancies in office, § 45-12-50 et seq.
Law reviews.For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).
Hierarchy Notes:O. C. G. A. Title 45
- § 45-5-1. When offices deemed vacated; filling vacancy; notice; appeal
- § 45-5-2. Office to be vacated immediately upon final conviction of felony; filling of vacancy
- § 45-5-3. Election or appointment of successor to fill unexpired terms
- § 45-5-3.1. Authority to fill vacancy absent quorum; appointment by Governor to fill vacancy
- § 45-5-3.2. Filling of vacancies in office of district attorney; special election
- § 45-5-4. Continuation in office of appointee during succeeding term
- § 45-5-5. To whom resignations to be made
- § 45-5-6. Public official investigated by special commission upon indictment; gubernatorial review if commission recommends suspension; suspension; reinstatement; replacement or temporary officer
- § 45-5-6.1. Suspension and vacation of office of public officials convicted of felony
- § 45-5-6.2. Suspension of "authority officials" upon indictment for felony; continued compensation; replacement officials
- § 45-5-7. Hearing of complaints against budget unit employees and proceedings thereupon; effect on tenure
