Title 21 — Elections
5 chapters · 451 sections in this title.
O.C.G.A. § 21-4-1 Short title
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This chapter shall be known and may be cited as the “Recall Act of 1989.”
O.C.G.A. § 21-4-10 Persons who may not circulate recall application or petition; effect of signatures obtained by unqualified persons
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No registration officer or other person authorized by law to register electors and no person other than an elector of the electoral district of the officer sought to be recalled shall circulate a recall application or petition. No employee of the state shall circulate a recall ap…
O.C.G.A. § 21-4-11 Determination of legal sufficiency of recall petition; time period for filing; amendments; notification of legal sufficiency
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(a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been filed with him or her; provided, however, that in cases where more than one recall petition is subject to review for verification, th…
O.C.G.A. § 21-4-12 No recall election when officeholder resigns prior to the holding of a recall election
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If an officeholder resigns prior to the holding of a recall election no recall election shall be conducted.
O.C.G.A. § 21-4-13 Procedures for recall election; number of votes required to effectuate recall; special election to fill vacancy created
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(a) Within ten days after having received certification of the sufficiency of the recall petition by the election superintendent, a recall election shall be called and published, as provided in this Code section, and shall be conducted not less than 30 days nor more than 45 days …
O.C.G.A. § 21-4-14 Limitations on subsequent recall petitions following recall election
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(a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions against that officer outstanding on the date of the re…
O.C.G.A. § 21-4-15 Manner of conducting recall elections
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The powers, duties, and penalties conferred or imposed by law upon public officials who conduct special elections are conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in acco…
O.C.G.A. § 21-4-16 Campaign and financial disclosure requirements, restrictions, and qualifications
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Any person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the “Ethics in Government Act,” in the same manner as candidates; and the petition chairperson shall file the reports required to be filed under said chapter and sh…
O.C.G.A. § 21-4-17 Promulgation of rules and regulations by Secretary of State
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The Secretary of State is authorized to promulgate such rules and regulations as are necessary to carry out this chapter.
O.C.G.A. § 21-4-18 Application to court to compel election superintendent to comply with chapter; jurisdiction and venue of actions against election superintendent
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(a) If the election superintendent fails to comply with this chapter, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel the election superintendent to perform his or her official duties. If the court finds that the e…
O.C.G.A. § 21-4-19 Determination of eligibility to sign application for recall petition or petition for recall
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An elector’s eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector.
O.C.G.A. § 21-4-2 Legislative intent
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The General Assembly finds that the electorate of the state overwhelmingly ratified an amendment to the Constitution of Georgia at the general election in November, 1978, authorizing the General Assembly to provide by general law for uniform and exclusive procedures to recall pub…
O.C.G.A. § 21-4-20 Giving or receiving money or other thing of value to sign petition or affidavit; compelling person to sign petition or to remove name; signing another’s name to petition; signing more than one; signing by ineligible person
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(a) Any person who gives or receives money or any other thing of value for signing a recall application or petition or for signing an affidavit of signature withdrawal shall be guilty of a misdemeanor. (b) A person who, by menace or threat either directly or indirectly, induces o…
O.C.G.A. § 21-4-21 Construction of chapter
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This chapter is supplementary to any other methods provided by general law for removing a public official from office; and nothing in this chapter shall be construed as abridging or repealing such laws.
O.C.G.A. § 21-4-3 Definitions
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(1) As used in this chapter, the term:(1) “Elected county school board members” and “elected county school superintendents” shall be considered county officers.(2) “Elected education board members” and “elected school superintendents” of any independent school system shall be con…
O.C.G.A. § 21-4-4 Officers subject to recall; number of electors needed to demand recall; limitation on number of officers subject to a recall
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(a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to th…
O.C.G.A. § 21-4-5 Sponsor applications for recall petition; procedures; duties of election superintendents and Secretary of State
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(a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elect…
O.C.G.A. § 21-4-6 Review of grounds for recall petition
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(a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domici…
O.C.G.A. § 21-4-7 Form of recall petition
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(a) The form of the recall petition shall be substantially as follows:RECALL PETITION(Official application no.)(County or city) To (Name of election superintendent) (Address) (City, state, ZIP Code) We, the electors registered to vote in the recall election herein petitioned, dem…
O.C.G.A. § 21-4-8 Circulation of recall petition; electors eligible to sign; procedures for collection and verification of signatures
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(a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more th…
O.C.G.A. § 21-4-9 Withdrawal of signatures from recall application or petition
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(a) At any time prior to the date an application for recall petition or a recall petition is filed for verification, an elector who has signed the application or the recall petition form may request withdrawal of his or her signature from the application or recall petition by exe…